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R v R[2009] QCA 4

 

 

 

COURT OF APPEAL

 

KEANE JA

HOLMES JA

FRASER JA

 

 

CA No 225 of 2008

DC No 366 of 2008

 

THE QUEEN

 v 

R(Applicant)

 

 

BRISBANE 

DATE 09/02/2009

JUDGMENT

KEANE JA:  On the 24th of February 2003 the applicant was convicted on the verdict of a jury of two counts of indecent dealing with a girl under the age of 12 years and two counts of rape.  He was sentenced to concurrent terms of 10 years' imprisonment on each of the rape counts and to lesser concurrent terms of imprisonment in respect of the other offences.

The applicant appealed to this Court against his convictions.  On 11 July 2003 that appeal was dismissed although his sentence was reduced to eight and a half years' imprisonment; see R v R (2003) 139 A Crim R 371; [2003] QCA 285.

A subsequent application for special leave to appeal to the High Court of Australia was unsuccessful.  The applicant now seeks an extension of time within which to bring a further appeal to this Court. 

It is well established that this Court's jurisdiction to entertain an appeal against conviction is conferred by s 668(d) of the Criminal Code 1899 (Qld).  That jurisdiction is exhausted once that right has been exercised.  The line of authorities which establish this proposition was recently referred to in this Court's decision in R v Nudd [2007] QCA 40.

The applicant now wishes to agitate a point not previously taken on his part but that circumstance does not affect the position that this Court's jurisdiction to entertain an appeal against his conviction has been exhausted.

Top put the point shortly, this Court dealt with the applicant's appeal more than five years ago and its function in that regard has been performed.  Since this Court has no jurisdiction to entertain a further appeal against the applicant's convictions the grant of an extension of time to enable an appeal to proceed would be futile.

In my opinion, the application for an extension of time should be refused.

HOLMES JA:  I agree.

FRASER JA: I agree.

KEANE JA:  The order of the Court is application for an extension of time is refused.

Close

Editorial Notes

  • Published Case Name:

    R v R

  • Shortened Case Name:

    R v R

  • MNC:

    [2009] QCA 4

  • Court:

    QCA

  • Judge(s):

    Keane JA, Holmes JA, Fraser JA

  • Date:

    09 Feb 2009

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC366/03 (No Citation)24 Feb 2003Convicted of offences of unlawfully and indecently dealing with a child under 12 and of raping child under 12; sentenced to 10 years imprisonment for rapes; 2 years imprisonment for indecent dealing
Appeal Determined (QCA)[2003] QCA 285 139 A Crim R 37111 Jul 2003Appeal against conviction dismissed; sentence manifestly excessive; leave to appeal against sentence granted; sentence of eight and a half years imprisonment substituted: Davies, Williams and Jerrard JJA
Appeal Determined (QCA)[2009] QCA 409 Feb 2009Jurisdiction to appeal against conviction under s. 668(d) Criminal Code 1899 exhausted; application for extension of time to appeal against convictions refused: Keane, Holmes and Fraser JJA
Special Leave Refused (HCA)[2006] HCATrans 34721 Jun 2006Not arguable there has been miscarriage of justice; special leave to appeal refused: Hayne and Heydon JJ

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

Cases Cited

Case NameFull CitationFrequency
R v Nudd [2007] QCA 40
1 citation
R v R [2003] QCA 285
1 citation
R v R (2003) 139 A Crim R 371
1 citation

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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