R v Ali

[2008] QCA 39

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 2000

DIVISION:

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 made

ORDER:

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, distinguished

COUNSEL:

The applicant appeared on his own behalf
M J Copley for the respondent

SOLICITORS:

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…