Hennington v Horrocks

[2011] QDC 88

[2011] QDC 88

DISTRICT COURT

CIVIL JURISDICTION

JUDGE ROBIN QC

No 2887 of 2010

SIMONE HENNINGTON	Appellant
and
JAMES ROBERT HORROCKS	Respondent

BRISBANE

..DATE 17/05/2011

ORDER

CATCHWORDS

Justices Act 1886 s 222

Appeal against sentence in which appellant has failed to provide the outline of argument required by the Practice Direction - she has been released on parole and her full-time release date is imminent - appeal set down for hearing - respondent may seek to have it struck out on the day fixed

HIS HONOUR:  Those orders are made in circumstances where the appellant's inaction is understandable.  Her appeal is against a sentence of nine months imprisonment which was ameliorated by a fixed parole release date of 10th of January 2011.  There may not be a lot to be gained from the appeal now.  The full-time release date will be 9th of June 2011. 

The appellant, who had assistance of legal practitioners including the Legal Aid office has not been able to obtain legal aid. 

She has not responded to communications from the Registrar calculated to encourage her to file the outline of argument required by the practice direction.

The lawyers assisting her in the past obtained limited extensions of time in that regard but she has not made any renewed application.

The appropriate way to have this appeal disposed of is to set it down for hearing. It may well be that the respondent files an application to have it struck out for want of prosecution which is, effectively, the procedure that the Court of Appeal confirmed in Gamble v Davidson [2000] 1 Qd R 510 is required for appeals under section 222 of the Justices Act 1886.

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