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R v Arnold[2003] QCA 448

 

COURT OF APPEAL

 

McPHERSON JA

MACKENZIE J

WILSON J

 

CA No 189 of 2003

THE QUEEN

v.

DAVID LYALL ARNOLD Appellant

 

BRISBANE

DATE 15/10/2003

 

JUDGMENT

 

APPLICANT conducted his own case

MR C W HEATON (instructed by the Director of Public Prosecutions (Queensland)) for the Crown

 

McPHERSON JA:  Yes, well the Court has considered what you have said, and we are of the opinion that on the last occasion the Court considered, in detail, what was submitted by you in writing.  The Court is also of opinion that constitutes a sufficient hearing and further, that if it matters, there was no application to have the matter heard orally as distinct from having the Court, as a matter of grace, consider the further written submissions, which you presented to the Court and which were considered in detail in paragraphs 11 and following of the reasons of the Court on the last occasion, that is, the reasons of this Court in hearing your initial appeal against conviction.  Your appeal, or if it is an application, your application is dismissed, this Court having no jurisdiction to hear it.  That is the order of the Court.

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Editorial Notes

  • Published Case Name:

    R v Arnold

  • Shortened Case Name:

    R v Arnold

  • MNC:

    [2003] QCA 448

  • Court:

    QCA

  • Judge(s):

    McPherson JA, Mackenzie J, Wilson J

  • Date:

    15 Oct 2003

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC193/00 (No citation)21 Sep 2001Date of conviction of three rapes, two attempted rapes, four counts of stupefying to commit an indictable offence, two common assaults, aggravated indecent assault, aggravated indecent dealing, aggravated attempted indecent dealing, and assault occasioning bodily harm. Sentence of 9 years’ imprisonment imposed for the rapes, shorter terms of imprisonment being imposed for the other offences, the sentences to be served concurrently. A serious violent offence declaration was not made.
Appeal Determined (QCA)[2002] QCA 35717 Sep 2002Appeal against convictions dismissed. Application for leave to appeal against sentence dismissed. Attorney-General’s appeal against sentence allowed, the period of imprisonment imposed in respect of each rape offence being increased to 13 years, the sentences to be served concurrently. A serious violent offence declaration was made: McPherson JA, Mackenzie and Atkinson JJ.
Appeal Determined (QCA)[2003] QCA 44815 Oct 2003Purported further appeal against convictions dismissed: McPherson JA, Mackenzie and Wilson JJ.
Appeal Determined (QCA)[2005] QCA 39628 Oct 2005Application for extension of time to again appeal against convictions and to appeal against the sentence imposed in [2002] QCA 357 refused: Jerrard and Keane JJA and Atkinson J.

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
R v Arnold [2005] QCA 3962 citations
1

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