R v B

[2001] QCA 73

COURT OF APPEAL

McMURDO P
WILLIAMS JA
WILSON J

CA No 22 of 2001

THE QUEEN

BRISBANE

..DATE 05/03/2001

JUDGMENT

THE PRESIDENT: The applicant, a juvenile, was convicted in the Maryborough District Court on 30 November 2000 and was sentenced on 6 December 2000 to 12 months' detention. He wishes to apply for leave to appeal against his sentence on the ground that it was manifestly excessive but his application is out of time. This is an application for an extension of time.

His application was not filed until 7 February 2000. An affidavit from the applicant's legal representatives at sentence confirmed that the applicant advised his lawyers he wished to institute an appeal on 14 December 2000 but through a series of errors and the fact that the solicitors office was closed over the Christmas/New Year period, the application was not filed within time.

The applicant has satisfied the Court that, in the circumstances, the late filing of the application for leave to appeal against sentence was no fault of the applicant but that is not the only question of which the Court needs to be satisfied.

Unfortunately, the applicant has not come to this Court prepared to argue the question of the merits of the appeal, a relevant factor in considering whether an application for an extension of time should be given. Although the limited material before this Court does not suggest that the substantive application is promising, there is insufficient material before us to properly consider the merits of any application for leave to appeal against sentence.

In addition, the applicant is a juvenile. I understand that if this application is granted, Legal Aid Queensland will consider the merits of the substantive application before they will pursue any application for leave to appeal against sentence.

In the circumstances, I am finally satisfied it is appropriate to grant the application and extend time within which to appeal against sentence until 8 February 2001.

WILLIAMS JA: It is only the fact that the applicant is a juvenile that in my view justifies, in all the circumstances of this case, extending time for filing the application for leave to appeal against sentence to 8 February 2001. I agree with the order proposed.

WILSON J: I agree.

THE PRESIDENT: The order is as I have outlined.

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CaseChat Overview and Summary

The case of R v B before the Queensland Court of Appeal involves a juvenile who was convicted and sentenced to 12 months' detention in the Maryborough District Court. The applicant is seeking an extension of time to appeal against the sentence, which he contends was manifestly excessive. The application for leave to appeal was filed late, on 7 February 2001, due to a series of errors and the closure of the solicitors' office over the Christmas/New Year period. The applicant's legal representatives confirmed that he had advised them of his intention to appeal on 14 December 2000.

The legal issues before the Court of Appeal were whether the late filing of the application was due to no fault of the applicant and whether the Court should grant an extension of time to file the application for leave to appeal against sentence. The Court found that the late filing was not due to the fault of the applicant but was rather a result of errors and the office closure. However, the Court noted that the applicant had not provided sufficient material to assess the merits of the substantive appeal, which is a relevant factor in determining whether an extension of time should be granted. Despite this, the Court granted the extension of time due to the juvenile status of the applicant and the potential consideration of the merits of the appeal by Legal Aid Queensland.

The Court of Appeal, presided over by McMurdo P, with Williams JA and Wilson J concurring, determined that granting an extension of time was appropriate in this case. The Court extended the time for filing the application for leave to appeal against sentence to 8 February 2001. McMurdo P noted that the extension was justified due to the juvenile status of the applicant and the potential consideration by Legal Aid Queensland. Both Williams JA and Wilson J agreed with the order proposed by McMurdo P.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established