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R v Wildey[2009] QCA 189
R v Wildey[2009] QCA 189
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Application for Extension (Sentence) |
ORIGINATING COURT: | |
DELIVERED ON: | 14 July 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 7 July 2009 |
JUDGES: | Chief Justice, Muir and Fraser JJA Separate reasons for judgment of each member of the Court, each concurring as to the order made |
ORDER: | Application for an extension of time within which to apply for leave to appeal against sentence refused |
CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where applicant sought extension of time within which to apply for leave to appeal against sentence – where application made following a significant delay – where the applicant argued that his sentence had been increased without him being given proper notice – where an administrative error was made in calculating the applicant’s full time discharge date – whether the applicant had provided a reasonable explanation for the delay – whether the proposed ground of appeal that the sentence is manifestly excessive has reasonable prospects of success – whether an extension of time in which to appeal against sentence should be granted AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, cited Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, cited R v Norden [2009] QCA 42, cited R v Tait [1999] 2 Qd R 667; [1998] QCA 304, applied |
COUNSEL: | The applicant appeared on his own behalf D C Boyle for the respondent |
SOLICITORS: | The applicant appeared on his own behalf Director of Public Prosecutions (Qld) for the respondent |