Attorney-General for the State of Queensland v Downs [2015] QCA 29

1 [2015] QCA 29 COURT OF APPEAL MARGARET McMURDO P HOLMES JA PHILIPPIDES JA Appeal No 6642 of 2014 SC No 530 of 2008 ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND Appellant v RONALD JAMES DOWNS Respondent BRISBANE FRIDAY, 6 MARCH 2015 JUDGMENT THE COURT: This appeal purports to be from the order of Ann Lyons J on 20 June 2014 dismissing the appellant’s application under s 22 Dangerous Prisoners (Sexual Offenders) Act 2003 (Qld) and making auxiliary orders. At the hearing, the appellant frankly conceded that, in fact, this matter is not an appeal from those orders. The appellant now seeks only an order that this appeal be dismissed but with reasons dealing with the argument raised in the appellant’s outline of argument in this Court as to the primary judge’s construction of s 22. This amounts to asking this Court for an advisory opinion on an issue which is moot. The Court has no jurisdiction to embark on such an exercise. The appeal should be dismissed. We note the respondent does not seek costs. -- 1 of 1 --