SUPREME COURT OF QUEENSLAND
CITATION:
R v Amundsen [2016] QCA 177
PARTIES:
R
v
AMUNDSEN, John Howard
(applicant)FILE NO/S:
CA No 71 of 2016
DC No 1574 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence & Conviction)
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 1 November 2014; Date of Sentence: 1 December 2014
DELIVERED ON:
24 June 2016
DELIVERED AT:
Brisbane
HEARING DATE:
9 June 2016
JUDGES:
Fraser and Gotterson and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS: 1. The application for an extension of time is refused.
2. The application to reinstate the abandoned appeal is refused.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the applicant was convicted, after a trial, of unlawfully stalking the complainant after the end of a relationship – where the applicant was sentenced to three and a half years imprisonment, with parole eligibility set at three months after sentence and 284 days of pre-sentence custody was deemed time served under the sentence – where a restraining order for a period of five years, in respect of the complainant and her daughters, was made – where the applicant was convicted on 1 November 2014 and attempted to appeal against conviction on 3 November 2014 – where the applicant’s Form did not conform with the rules and he was informed that it would not be accepted for filing – where the applicant then sent in the correct Forms on 7 November 2014, but which were incorrectly filled out – where one of the Forms appealed against the applicant’s sentence, but he was not to be sentenced until 1 December 2014 – where the applicant was informed that the incorrectly completed documents could not be accepted – where the applicant contacted the registry on 29 June 2015 referring to his appeal lodged on 22 December 2014, but was informed that no such appeal existed – where on 4 August 2015 an application for extension of time to appeal and a notice of appeal was accepted for filing – where on 4 September 2015 the applicant filed a notice of abandonment because he was correctly told that he could not have his application for parole progressed while he had an outstanding appeal – where on 1 October 2015 the applicant sought to have his application reinstated but was told by the registry that he could not do so and that he needed to file a new application – where on 23 March 2016 the applicant filed the present application for an extension of time and for leave to appeal against sentence – where the appeal for conviction was 16 months out of time and the application for leave to appeal against sentence was 15 months out of time – whether there are good reasons for the delay and it is in the…
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- AGLC
- R v Amundsen [2016] QCA 177
- Case
- [2016] QCA 177
- Decision Date
CaseChat Overview and Summary
The court found that Mr Amundsen's explanation for the delay in filing the appeal and application for leave to appeal was unsatisfactory. It also found that there was no merit in the points raised by Mr Amundsen regarding the verdict and the sentence. The court held that the interests of justice did not require the grant of an extension of time to appeal. Consequently, the application for an extension of time and the application to reinstate the abandoned appeal were both refused.
The court made the following orders: (1) the application for an extension of time is refused; and (2) the application to reinstate the abandoned appeal is refused.
Orders
Orders of the court
1. The application for an extension of time is refused.
2. The application to reinstate the abandoned appeal is refused.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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