High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ
Matter No M102/2010
KEVIN JOHN DICKSON APPELLANT
AND
THE QUEEN RESPONDENT
Matter No M11/2009
KEVIN JOHN DICKSON APPLICANT
AND
THE QUEEN RESPONDENT
Dickson v The Queen [2010] HCA 30
22 September 2010
M102/2010 & M11/2009
ORDER
Matter No M102/2010
1. Appeal allowed.
2. Set aside the order of the Court of Appeal of the Supreme Court of Victoria made on 18 December 2008 and, in lieu thereof, order that:
(a) leave to appeal to that Court against conviction and sentence be granted;
(b) the appeal to that Court be allowed; and
(c) the presentment preferred against the appellant and his conviction entered on 21 February 2008 be quashed, and the sentence imposed on 17 April 2008 be set aside.
Matter No M11/2009
Application for special leave to appeal dismissed in relation to the remaining proposed grounds of appeal.
On appeal from the Supreme Court of Victoria
Representation
T F Danos with J E McLoughlin for the applicant (instructed by Tony Danos Solicitor) at the hearing on 27 July 2010
T F Danos with P D Herzfeld for the appellant/applicant (instructed by Tony Danos Solicitor) at the hearing on 31 August 2010
G J C Silbert SC with B L Sonnet for the respondent (instructed by Solicitor for Public Prosecutions (Vic))
Interveners
S J Gageler SC, Solicitor-General of the Commonwealth with K C Morgan intervening on behalf of the Attorney-General of the Commonwealth in M102/2010 (instructed by Australian Government Solicitor)
M G Hinton QC, Solicitor-General for the State of South Australia with S A McDonald intervening on behalf of the Attorney-General for the State of South Australia in M102/2010 (instructed by Crown Solicitor (SA))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
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