Donohue v The Queen

The respondent, Donohue, applied for an extension of time to apply for leave to appeal against his sentence. Donohue was found guilty of multiple charges, including attempting to pervert the course of justice, perjury, and making false documents. He was sentenced to a total effective term of 4 years and 5 months imprisonment, with a non-parole period of 2 years and 9 months. The application for an extension of time was predicated on the basis that there was a prospect of success in an appeal against the sentence. The primary ground for appeal was that the primary judge had erred in assessing medical evidence and that the sentence was manifestly excessive.

The court considered the grounds for appeal and examined the evidence presented. The court held that the appeal had no prospects of success as the medical evidence did not warrant a different assessment, and the sentence was not manifestly excessive. The court noted that the primary judge had considered the medical evidence and had appropriately weighed it in the context of the overall case. The court found that the sentence was within the range of sentences that could be imposed for the offences committed.

The court also considered whether it was futile to grant an extension of time. The court held that it was futile to grant an extension of time as the application for leave to appeal had no prospects of success. The court noted that the applicant had not provided any new evidence or arguments that would warrant a different outcome. The application for an extension of time was refused.

The court did not make any orders regarding costs or any other matters. The decision was limited to the refusal of the application for an extension of time.