SUPREME COURT OF QUEENSLAND
CITATION:
Craber v WorkCover Queensland [2013] QCA 304
PARTIES:
CRABER, Scott Thomas
(applicant)
v
WORKCOVER QUEENSLAND
(respondent)FILE NO/S:
CA No 187 of 2013
DC No 93 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension of Time s 118 DCA (Criminal)
ORIGINATING COURT:
District Court at CairnsDELIVERED ON:
11 October 2013
DELIVERED AT:
Brisbane
HEARING DATE:
19 September 2013
JUDGES:
Fraser and Morrison JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The application for leave to adduce further evidence is refused.
2. The application for an extension of time is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where applicant was convicted of one count of fraud, pursuant to s 533 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), in the Magistrates Court – where the District Court refused an application to extend time to appeal to it – whether an application for an extension of time, to appeal from the District Court, should be granted
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – FURTHER EVIDENCE – where the applicant sought to adduce new evidence in the form of a document – where this document had been created a year after the relevant event – whether application for leave to adduce further evidence should be granted
Penalties and Sentences Act 1992 (Qld), s 32
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 533R v Banhelyi[2011] QCA 268, cited
R v Lewis (2006) 163 A Crim R 169; [2006] QCA 121, cited
R v Mizzi [2012] QCA 252, cited
R v Nuttall[2013] QCA 219, cited
R v Smithers[2013] QCA 90, cited
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, citedCOUNSEL:
The applicant appeared on his own behalf
S Sapsford for the respondentSOLICITORS:
The applicant appeared on his own behalf
McInnes Wilson Lawyers for the respondent
FRASER JA: I agree with the reasons for judgment of Morrison JA and the orders proposed by his Honour.
MORRISON JA: This is an application by Scott Thomas Craber for an extension of time in which to appeal from a decision of the District Court which, itself, refused an application to extend time to appeal to it from the applicant’s conviction in the Magistrates Court.
On 11 February 2009, the applicant was convicted on one count of fraud pursuant to s 533 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld). The offence concerned the failure of the applicant to notify WorkCover of his employment and earnings as a bus driver during the period when he was in receipt of compensation. The applicant pleaded not guilty and was represented by a solicitor at the hearing of the prosecution.
Trial before the Magistrate
Before the…
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- Case
- [2013] QCA 304
- Decision Date
CaseChat Overview and Summary
The court was required to determine two significant legal issues. First, whether the application for an extension of time to appeal to the District Court should be granted. Second, whether the applicant should be permitted to adduce new evidence in the form of a document that had been created a year after the relevant event. These issues involved a careful consideration of procedural rules and statutory provisions governing appeals and the admissibility of new evidence in the context of appeals against criminal convictions.
In addressing these issues, the court held that the application for an extension of time to appeal should not be granted. The court found that the applicant had not demonstrated any compelling reasons or exceptional circumstances that would justify an extension of the statutory time limit for filing the appeal. Furthermore, the court ruled that the application for leave to adduce further evidence should also be refused. The court reasoned that the document in question, created a year after the event, did not meet the criteria for admissibility of new evidence in an appeal against a criminal conviction.
In conclusion, the court dismissed both applications. The court's decision was final, and no leave to appeal to a higher court was granted. The orders of the court were that the application for leave to adduce further evidence was refused and the application for an extension of time was also refused.
Orders
Orders of the court
1. The application for leave to adduce further evidence is refused.
2. The application for an extension of time is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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