R v Stoian
[2012] QCA 217
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- Unreported Judgment
- Appeal Determined (QCA)
- R v Stoian[2012] QCA 217
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R v Stoian[2012] QCA 217
R v Stoian[2012] QCA 217
COURT OF APPEAL
HOLMES JA
WHITE JA
NORTH J
CA No 12 of 2012
DC No 1232 of 2009
THE QUEEN
v
STOIAN, IoanApplicant
BRISBANE
DATE 21/08/2012
JUDGMENT
HOLMES JA: On 18 May 2011, the applicant was convicted by a jury of one count of rape and sentenced to 12 years' imprisonment. On 9 March 2012, this Court gave judgment dismissing an appeal against that conviction and refusing leave to appeal against the sentence.
The applicant now seeks an extension of time within which to lodge a further appeal against the same conviction and to apply for leave to appeal against sentence. The ground he identifies for the proposed appeal against conviction is that certain facts were not challenged by his barrister at the trial.
The application must be refused. This Court, having already considered the merits of and dealt with an appeal from the conviction and a sentence application, has no jurisdiction to hear any further appeal or application: see Grierson v The King (1938) 60 CLR 431, R v Nudd [2007] QCA 40 and R v McGrane [2008] QCA 42.
WHITE JA: This, so far as one can discern from the applicant's outline in his application, raises no new grounds on the merits that were not fully canvassed in the appeal and, accordingly, there is no jurisdiction in the Court to entertain the matter, and I agree with the reasons and orders proposed by the presiding Judge.
NORTH J: I agree with the reasons and orders proposed by the presiding Judge and with the additional reasons of Justice White.
HOLMES JA: The application is refused.