Kobylski v Queensland Police Service

SUPREME COURT OF QUEENSLAND

CITATION:

Kobylski v Queensland Police Service [2007] QCA 50

PARTIES:

KOBYLSKI, Jaroslaw

(appellant/applicant)
v
QUEENSLAND POLICE SERVICE
(respondent)

FILE NO/S:

CA No 302 of 2006

DC No 221 of 2005
DC No 174 of 2005
DC No 175 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension of Time s 118 DCA (Criminal)

ORIGINATING COURT:

District Court at Southport

DELIVERED ON:

23 February 2007

DELIVERED AT:

Brisbane

HEARING DATE:

12 February 2007

JUDGES:

McMurdo P, Keane JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for extension of time is refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PROCEDURE – APPLICATION FOR EXTENSION OF TIME SENTENCE AND CONVICTION – where applicant convicted of a number of driving and related offences – where applicant appealed unsuccessfully to the District Court –where no satisfactory explanation for delay and no reasonable prospect of appealing conviction and sentence

Hubner v Erbacher (unreported, District Court, Cairns, White DCJ, 24 August 2004); [2004] QDC 345, considered
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, applied
Till v Johns [2004] QCA 451; CA No 209 of 2004, 17 November 2004, applied

COUNSEL:

The applicant appeared on his own behalf
D R MacKenzie for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P:  The application for extension of time should be refused for the reasons given by Mullins J.

1. KEANE JA: I agree with the reasons of Mullins J and with the order proposed by her Honour.

1. MULLINS J:  The applicant applies for an extension of time in which to apply for leave to appeal from the dismissal by the learned District Court Judge at Southport on 25 August 2006 of the applicant’s appeals from his convictions and sentences for numerous offences after summary trials that were held on 29 July 2004 and 15, 16, 18 and 31 March 2005.  Both the application for an extension and the application for leave to appeal were filed on 3 November 2006 (which was about 6 weeks late). 

1. The convictions relate to a variety of offences that have their genesis in the applicant’s decision to join what he describes in his written submissions as “a political protest movement regarding vehicle registration and related matters”  which has resulted in the applicant protesting about “the monopoly of Queensland Transport”.

1. The offences of which the applicant has been convicted include unregistered motor vehicle, uninsured motor vehicle, possession of false registration plates, unlicensed driving, obstruct police officer and breach of bail.

1. Before the District Court Judge the applicant filed extensive written submissions and relied on his asserted “inalienable human rights”, the Commonwealth of Australia Constitution Act (“Constitution”), and particularly s 92 of the Constitution, Magna Carta, the Bill of Rights and the Bible. Notices…