R v Ackers

[2011] QCA 67

[2011] QCA 67

COURT OF APPEAL

MUIR JA
ATKINSON J
PETER LYONS J

CA No 11 of 2011
SC No 42 of 2010
SC No 57 of 2010

THE QUEEN

v

ANDREW MATT ACKERS  Appellant

BRISBANE

DATE 14/04/2011

MUIR JA:  Now, Mr Ackers, you're appearing on your own behalf in this application?

APPLICANT:  Yes.

MUIR JA:  Thank you.

MR ANDERSON:  Yes, may it please the Court, my name is Anderson, initials A D.  I appear on behalf of the Director of Public Prosecutions.

MUIR JA:  Thank you.  Mr Ackers, can you tell us, please, whether you are simply seeking an extension of time within which to apply for leave to appeal against sentence or whether you're also concerned to appeal against your conviction?

APPLICANT:  I was originally only going to go with a leave of time so I could appeal it, but not the conviction, but with the last sort of notification by the counsellor out here on behalf of the gaol, with paperwork and whatnot, I was actually going to withdraw my appeal today.

MUIR JA:  You were going to withdraw it, were you?

APPLICANT:  If I could, yes.

MUIR JA:  All right.  That's against your appeal against sentence?

APPLICANT:  Yes.

MUIR JA:  Well, before you-----

APPLICANT:  And the whole - the whole-----

MUIR JA:  Before you decide to do that, I can - did you notice that the respondent is not opposing your application for an extension of time within which to appeal against sentence?

APPLICANT:  Yes, I did - I did notice that, your Honour, but I'll just rather-----

MUIR JA:  And - I'm sorry, and you would appreciate that that's a concession, an implicit concession, that your appeal against sentence may well have some prospects of success?

APPLICANT:  Yeah, I understand that.  But I would just rather withdraw it, if I could.

ATKINSON J:  Why do you want to withdraw it?

APPLICANT:  Just because with the time that I do have to serve, for the charges that I've been dealt with, yeah, nine with a five, I'm just happy to do with that than go on with it.

MUIR JA:  Well, it's entirely a matter for you, but from my perspective I really don't see at the moment what you've got to lose, Mr Ackers, by pursuing the appeal, even if you're unable to get legal aid and simply do it yourself.

APPLICANT:  Yeah.  Just with - just with the way it's all been going, I'd rather just withdraw it, if I could, please.

MUIR JA:  Mr Ackers, subject to what Mr Anderson may have to say about it, what we propose to do is to grant the extension of time within which to appeal.  Now, you don't have to go ahead with it.

APPLICANT:  Yes.

MUIR JA:  But it would be highly desirable for you to get legal advice.  It may be that you would get legal aid, the extension of time having been granted.  So-----

APPLICANT:  Yes.

MUIR JA: -----if we make that order, that will give you some time to go away and think about it, and to approach Legal Aid then if you wish to do that.  So we won't be burdening you with a course that you don't want to follow.  You don't have to if you don't want to, but you can at least have the opportunity of doing so if you wish.

APPLICANT:  Well, having said that, with that opportunity then I would take that on just so I had a time to try and get legal representation in that case.

MUIR JA:  All right.  Now, do you wish to say anything, Mr Anderson?

MR ANDERSON:  No, your Honour, especially in respect of what Mr Ackers has just said.  I would only add that the appeal against conviction, the application to extend the time for that should be formally dismissed or refused.

MUIR JA:  Yes.

MR ANDERSON:  Yes, thank you.

MUIR JA:  Thank you.  The orders of the Court then are that the applicant's application for an extension of time within which to apply for leave to appeal against sentence is granted.  The time within which the applicant may apply for leave to appeal against his sentence is extended to 28 January 2011.  The application for an extension of time within which to appeal against conviction is dismissed.  Thank you, Mr Ackers.

APPLICANT:  Thank you very much.