SUPREME COURT OF QUEENSLAND
CITATION:
R v Ali [2008] QCA 39
PARTIES:
R
v
ALI, Raymond Akhtar
(applicant)FILE NO/S:
CA No 237 of 2007
SC No 163 of 2000DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Conviction)
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:
4 March 2008
DELIVERED AT:
Brisbane
HEARING DATE:
4 March 2008
JUDGES:
Fraser JA, Atkinson J and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – WHEN APPEAL LIES – GENERALLY – where applicant convicted of murder – where applicant had previously appealed to this Court – where appeal was previously dismissed – where applicant sought to again appeal to this Court – whether the Court had jurisdiction to hear the second appeal
Ali v R [2005] HCA 8, referred to
Grierson v The King (1938) 60 CLR 431; [1938] HC A 45, followed
R v Alexanderson & Ors [2001] QCA 400, applied
R v Allen [1994] 1 Qd R 526, distinguished
R v Ali [2001] QCA 331, referred to
R v Nudd [2007] QCA 40, followed
R v Pettigrew [1997] 1 Qd R 601; [1996] QCA 235, distinguishedCOUNSEL:
The applicant appeared on his own behalf
M J Copley for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: The applicant applies for an extension of time within which to appeal against his conviction for murder and against convictions for improperly interfering with a corpse and concealing the birth of a child on 2 November 2000.
The applicant had earlier appealed against his conviction on grounds that the verdict was unsafe and unsatisfactory and that there had been a miscarriage of justice through erroneous directions by the trial Judge in relation to lies and matters that were said to indicate the applicant's consciousness of guilt. That appeal was dismissed by this Court on 17 August 2001.(See R v Ali [2001] QCA 331).
The applicant appealed from that decision to the High Court contending that there had been a miscarriage of justice in that he was not tried fairly because of the alleged incompetence of trial counsel. That appeal was dismissed by the High Court on 8 March 2005. (Ali v R [2005] HCA 8).
Before the applicant's appeal to the High Court was determined, the applicant sought to appeal again from his convictions. On 18 March 2003 this Court dismissed the applicant's application for an extension of time within which to bring that proposed appeal. (R v Ali [2003] QCA 117). The Court held that the proposed appeal was incompetent because once an appeal against conviction had been unsuccessful the right of appeal was exhausted. The Court followed earlier decisions of this Court to the same effect which applied the High…
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- R v Ali [2008] QCA 39
- Case
- [2008] QCA 39
- Decision Date
CaseChat Overview and Summary
The Court of Appeal examined the principles of double jeopardy and the statutory framework governing appeals in Queensland. It noted that the Queensland Court of Appeal has jurisdiction to hear appeals from convictions in the Supreme Court, but the Court also operates within the constraints of ensuring finality in legal proceedings. The Court found that the principles of double jeopardy, which prevent a person from being tried again for the same offence after a valid acquittal or conviction, and the statutory provisions governing appeals, did not support the granting of a second appeal. The Court of Appeal concluded that it did not have the jurisdiction to entertain the second appeal, as doing so would undermine the finality and integrity of the judicial process.
In light of the Court of Appeal's reasoning, the application for a second appeal was refused. The Court emphasised the importance of maintaining the finality of judicial decisions to ensure the proper administration of justice. The Court held that the earlier dismissal of the initial appeal was final and conclusive, and no further appeal could be entertained without a substantial miscarriage of justice or an error of law of the highest magnitude. Therefore, the Court of Appeal did not grant the applicant's request for a second appeal.
Orders
Orders of the court
Application 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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