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R v Twidale[2009] QCA 200
R v Twidale[2009] QCA 200
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | DC No 1649 of 2008 |
Court of Appeal | |
PROCEEDING: | Application for Extension (Sentence) |
ORIGINATING COURT: | |
DELIVERED ON: | 17 July 2009 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 9 July 2009 |
JUDGES: | Muir and Fraser JJA and Wilson J Separate reasons for judgment of each member of the Court, each concurring as to the order made |
ORDER: | Application for extension of time within which to appeal against sentence dismissed |
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 seeks extension of time in which to appeal against sentence – where application made about 1.5 months late – where applicant’s excuse for delay is ignorance of time limit – where proposed appeal not viable – whether the application for extension of time should be granted R v DAQ [2008] QCA 75, cited R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited R v Tindale [2008] QCA 24, applied R v Wheeler & Sorrensen [2002] QCA 223, applied |
COUNSEL: | The applicant appeared on her own behalf D C Boyle for the respondent |
SOLICITORS: | The applicant appeared on her own behalf Director of Public Prosecutions (Qld) for the respondent |
[1] MUIR JA: I agree with the reasons of Wilson J and with the order she proposes.
[2] FRASER JA: I agree with the reasons of Wilson J and with the order her Honour proposes.
[3] WILSON J: On 2 February 2009 the applicant pleaded guilty to fraud as an employee, to the value of $5,000 or more, between 1 January 2000 and 3 April 2007. It was a timely plea. She was sentenced to seven years imprisonment with a parole eligibility date fixed at 2 June 2011 (after serving 28 months).
[4] Eleven weeks later, on 20 April 2009, the applicant filed an application for an extension of time within which to appeal against the severity of the sentence, and an application for leave to appeal against the sentence.
[5] An application for leave to appeal against sentence must be brought within one calendar month of the sentence: Criminal Code s 671. This Court has a discretionary power to extend that time limit.
“[T]he Court will examine whether there is any good reason shown to account for the delay and consider overall whether it is in the interests of justice to grant the extension.”