R v B

[2001] QCA 73

[2001] QCA 73

COURT OF APPEAL

McMURDO P
WILLIAMS JA
WILSON J

CA No 22 of 2001

THE QUEEN

v.

B

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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