R v Bradshaw

[2002] QCA 274

[2002] QCA 274

COURT OF APPEAL

MCMURDO P
DAVIES JA
WILSON J

CA No 134 of 2002

THE QUEEN

and

PHILIP WILLIAM BRADSHAW  Appellant

BRISBANE

..DATE 29/07/2002

JUDGMENT

THE PRESIDENT:  This is an application for an extension of time within which to appeal against the applicant's conviction on six counts of indecent dealing with circumstances of aggravation.

The proposed grounds of appeal are set out in a draft notice of appeal which is before the Court.  Affidavit material from the applicant's solicitor establishes that the applicant gave instructions to his lawyers to appeal well within the prescribed time, but his solicitors mistakenly omitted to file the notice of appeal within time.  The solicitor frankly concedes this was no fault of the applicant.

This application was brought less than one month late.  The Prosecution does not oppose the application and does not contend that the proposed appeal is so lacking in merit as to acquire the refusal of this application.

In the circumstances leave should be given to extend the time within which to appeal until today.

DAVIES JA:  I agree.

WILSON J:  I agree.

THE PRESIDENT:  That is the order of the Court.

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