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R v Hamade[2013] QCA 13

 

 

 

COURT OF APPEAL

 

 

MARGARET McMURDO P

HOLMES JA

DALTON J

 

 

CA No 322 of 2012

DC No 118 of 2010

DC No 107 of 2009

 

THE QUEEN

 

v

 

HAMADE, Said AhmadApplicant

 

 

BRISBANE 

 

DATE 11/02/2013

 

 

JUDGMENT

 

 

THE PRESIDENT:  Justice Holmes will deliver her reasons first.

 

HOLMES JA:  This is an application for an extension of time for leave to appeal against sentence.  The applicant is convicted of one count of maintaining an unlawful sexual relationship, one count of indecent treatment, one count of rape, and one count of unlawful carnal knowledge.  He was sentenced to nine years imprisonment in respect of the maintaining count, twelve months imprisonment in respect of the indecent treatment count and five years imprisonment in respect of the rape count and three years imprisonment in respect of the unlawful carnal knowledge count.  He was sentenced to a further six months cumulative in respect of a breach of suspended sentence.

 

The applicant was convicted after a trial on the 23rd of April 2010 and was sentenced on the 25th of June 2010.  His application for leave to appeal against sentence was filed on the 29th of November 2012.  The two year delay is really not satisfactorily explained by reference to what the applicant describes as his problems with medication and understanding what was afoot in the way of appeals.  That is particularly so given that the applicant has previously been granted an extension of time within which to appeal against his conviction and had his appeal against conviction heard in mid-2011.

 

He has provided in support of this application some additional material by way of statements.  However, they go not to the question of sentence but to the question of his guilt on the charges, particularly that of rape. In circumstances in which he has already had an appeal against conviction refused, see R v Hamade [2011] QCA 152, his rights in that regard are exhausted. 

 

Essentially, his submission here was that there was no rape entailed in the relationship that he sustained with the complainant, that he should instead have been convicted of unlawful carnal knowledge and that the sentence was too harsh as a result.  Turning as it does on a complaint of conviction, it is clearly not a tenable ground of appeal against sentence.

 

In my view, in any event, he has no prospect of showing that the sentences imposed were manifestly excessive in a context where the relationship involved the rape of a girl of 15 years.  Because of that absence of any prospects of success on the proposed leave to appeal against sentence, I would refuse the application for an extension of time.

 

THE PRESIDENT:  I agree.

 

DALTON J:  I agree.

 

THE PRESIDENT:  The application for an extension of time is refused.

Close

Editorial Notes

  • Published Case Name:

    R v Hamade

  • Shortened Case Name:

    R v Hamade

  • MNC:

    [2013] QCA 13

  • Court:

    QCA

  • Judge(s):

    McMurdo P, Holmes JA, Dalton J

  • Date:

    11 Feb 2013

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC Nos 107 of 2009 and 118 of 2010 (no citations)25 Jun 2010Defendant convicted by a jury on 23 April 2010 of one count of maintaining, one count of indecent dealing, one count of rape and one count of unlawful carnal knowledge; sentenced to nine years' imprisonment
QCA Interlocutory Judgment[2010] QCA 32522 Nov 2010Defendant applied for extension of time to appeal against convictions; application granted: Holmes, Chesterman and White JJA
Appeal Determined (QCA)[2011] QCA 152 (2011) 220 A Crim R 15101 Jul 2011Defendant's appeal against conviction dismissed; no miscarriage of justice arising out of police officer’s communication with juror: M McMurdo P, M Wilson AJA and Mullins J
Appeal Determined (QCA)[2013] QCA 1311 Feb 2013Defendant applied for extension of time in which to seek leave to appeal against sentence; where no prospect of showing sentences manifestly excessive; application dismissed: M McMurdo P, Holmes JA and Dalton J

Appeal Status

Appeal Determined (QCA)

Cases Cited

Case NameFull CitationFrequency
R v Hamade [2011] QCA 152
1 citation

Cases Citing

No judgments on Queensland Judgments cite this judgment.

1

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