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R v Forsythe[2011] QCA 71
R v Forsythe[2011] QCA 71
SUPREME COURT OF QUEENSLAND
PARTIES: | |
FILE NO/S: | |
Court of Appeal | |
PROCEEDING: | Application for Extension (Sentence) |
ORIGINATING COURT: | |
DELIVERED ON: | 15 April 2011 |
DELIVERED AT: | Brisbane |
HEARING DATE: | 11 April 2011 |
JUDGES: | Fraser JA and Atkinson and Peter Lyons JJ |
ORDER: | The application is refused. |
CATCHWORDS: | CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant was convicted of dangerous operation of a vehicle – where the applicant deliberately but spontaneously drove his vehicle onto the footpath and collided with the complainant – where the applicant’s five year old son was in the vehicle – where the complainant’s physical injuries were relatively minor but he suffers from ongoing depression and anxiety – where the applicant had an appalling traffic history but had entered an early plea of guilty and was otherwise a useful member of the community – where the applicant was sentenced to two years imprisonment with an immediate parole release date – where the applicant was subsequently taken into custody for a new offence – where the applicant contended that he only discovered his right to appeal after obtaining new legal representation – where the applicant argued that he was sentenced on an incorrect factual basis and the sentence was manifestly excessive – where the sentence imposed accorded with that propounded by defence counsel – whether the extension of time should be granted R v Frame [2009] QCA 9 , applied |
COUNSEL: | The appellant appeared on his own behalf |
SOLICITORS: | The appellant appeared on his own behalf |