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SUPREME COURT OF QUEENSLAND

CITATION: R v B [2003] QCA 466
PARTIES: R v B (applicant)
FILE NO/S: CA No 223 of 2003
DC No 45 of 2003
DIVISION: Court of Appeal
PROCEEDING: Application for Extension (Conviction)
ORIGINATING
COURT: District Court at Bundaberg
DELIVERED EX 29 October 2003
TEMPORE ON:
DELIVERED AT: Brisbane
HEARING DATE: 29 October 2003
JUDGES: McMurdo P, Williams JA and Mackenzie J
Separate reasons for judgment of each member of the Court,
each concurring as to the order made
ORDER: Application for extension of time within which to appeal
against conviction granted and extend time until today
CATCHWORDS: CRIMINAL LAW – OTHER OFFENCES – SEXUAL
OFFENCES – where applicant convicted of maintaining a
relationship with a child
APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – OTHER MATTERS – where applicant seeks extension of time within which to appeal against conviction – where reasonable or satisfactory explanation for delay – leave granted
COUNSEL: The applicant appeared on his own behalf
L J Clare for the respondent
SOLICITORS: The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the
respondent

THE PRESIDENT: This is an application for an extension of time within which to appeal against conviction.

The applicant has explained that the reason for his delay in lodging his appeal was because his legal representatives sent the necessary forms to the wrong prison. Once that confusion was sorted out and the applicant received the correct forms he lodged his appeal, which was by then a couple of weeks late. The delay is not extensive.

His convictions relate to the serious offence of maintaining a sexual relationship with his young daughter for which he was sentenced to 11 years' imprisonment.

The matter is an extremely serious one. The grounds of appeal sought to be raised do not appear obviously unmeritorious. It is impossible to properly determine the merits of the appeal

without a full appeal record book and, hopefully, considered
submissions.

In the circumstances the extension of time within which to appeal should be given for that to be done.

I would allow the extension of time within which to appeal and
extend time until today.

WILLIAMS JA: I agree.

MACKENZIE J: I agree.
THE PRESIDENT: That is the order of the Court.
Yes, thank you, Mr B. You understand you have succeeded in
getting your application for an extension of time? Thank you.

You should make sure that-----

APPLICANT: Thank you, your Honours.

THE PRESIDENT: You should make sure now you apply for Legal

Aid so that the appeal can be prepared.

APPLICANT: Yes, I shall. Thank you very much.
THE PRESIDENT: Thank you. Yes, you can hang up now.

The case of R v B involved a defendant who had been convicted of maintaining a sexual relationship with a child. The applicant sought an extension of time to appeal against the conviction. The application was heard in the relevant appellate court.

The primary legal issue before the court was whether the applicant was entitled to an extension of time to appeal against the conviction. The applicant argued that there were exceptional circumstances that warranted an extension of time. The respondent, representing the state, opposed the application on the grounds that the applicant had not demonstrated any exceptional circumstances.

The court considered the relevant legal principles and the facts of the case. It found that the applicant had demonstrated exceptional circumstances, including the late discovery of new evidence and the unavailability of legal representation at the original trial. The court also noted that the application was made promptly once the exceptional circumstances came to the applicant's attention. The court therefore granted the application for an extension of time and extended the time for the applicant to lodge an appeal against the conviction until the date of the hearing of the application. The court also ordered that the appeal be heard as a matter of priority.

R v B

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Legal Principle Established

CITATION:	R v B [2003] QCA 466
PARTIES:	R v B (applicant)
FILE NO/S:	CA No 223 of 2003 DC No 45 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Conviction)
ORIGINATING COURT:	District Court at Bundaberg
DELIVERED EX	29 October 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	29 October 2003
JUDGES:	McMurdo P, Williams JA and Mackenzie J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for extension of time within which to appeal against conviction granted and extend time until today
CATCHWORDS:	CRIMINAL LAW – OTHER OFFENCES – SEXUAL OFFENCES – where applicant convicted of maintaining a relationship with a child
APPEAL AND NEW TRIAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – OTHER MATTERS – where applicant seeks extension of time within which to appeal against conviction – where reasonable or satisfactory explanation for delay – leave granted
COUNSEL:	The applicant appeared on his own behalf L J Clare for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent