R v Saltmarsh
[2006] QCA 484
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- Unreported Judgment
- Appeal Determined (QCA)
- R v Saltmarsh[2006] QCA 484
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R v Saltmarsh[2006] QCA 484
R v Saltmarsh[2006] QCA 484
SUPREME COURT OF QUEENSLAND
CITATION: | R v Saltmarsh [2006] QCA 484 |
PARTIES: | R |
FILE NO/S: | CA No 267 of 2006 DC No 835 of 2006 DC No 1275 of 2006 |
DIVISION: | Court of Appeal |
PROCEEDING: | Application for Extension (Sentence) |
ORIGINATING COURT: | District Court at Brisbane |
DELIVERED EXTEMPORE ON: | 20 November 2006 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 20 November 2006 |
JUDGES: | de Jersey CJ, Jerrard and Holmes JJA Separate reasons for judgment of each member of the Court, each concurring as to the order made |
ORDER: | That time be extended, as necessary, to regularise the applicant’s application for leave to appeal against sentence |
CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE QUEENSLAND TIME FOR APPEAL EXTENSION OF TIME where a full record containing the transcript of the hearing before the primary judge was unavailable where consideration of the merits of the sentence should only be examined in a full context whether an extension of time should be granted R v Smith [2005] QCA 26; CA No 380 of 2004, 14 February 2005, cited |
COUNSEL: | P J Callaghan SC for the applicant B G Campbell for the respondent |
SOLICITORS: | Callaghan Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent |
THE CHIEF JUSTICE: This is a case where the sentence should be examined with the benefit of a record book containing a transcript of the hearing before the primary Judge so that the sentence can be assessed, particularly, in the context of the Court of Appeal decision in Smith, Court of Appeal 380 of 2004. In short, if the applicant has an arguable case, it should be assessed on the basis of a full record. That warrants our making this order, which is made, that time be extended, as necessary, to regularise the applicant's application for leave to appeal against sentence.
JERRARD JA: I agree.
HOLMES JA: I agree.