R v Brown

[2003] QCA 548

SUPREME COURT OF QUEENSLAND

CITATION:	R v Brown [2003] QCA 548
PARTIES:	R v BROWN, Allyson Leanne (applicant)
FILE NO/S:	CA No 369 of 2003 SC No 20 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Sentence)
ORIGINATING COURT:	Supreme Court at Cairns
DELIVERED ON:	10 December 2003
DELIVERED AT:	Brisbane
HEARING DATE:	Heard on the papers
JUDGE:	McMurdo P
ORDER:	That the time for filing the notice of appeal in this matter is extended to 30 November 2003
COUNSEL:	A J Rafter SC for the applicant B G Campbell for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P:  The applicant was sentenced on 10 September 2003 for the offence of manslaughter to six years imprisonment.  She completed a notice of appeal on 26 September 2003 which was received by her solicitors for filing on 6 October 2003.  The original notice of appeal was given to a filing clerk with a request that it be filed that day in the Court of Appeal registry.  It seems that the notice of appeal was never filed.  It is unclear quite how this omission occurred, but it is certain that the late filing of the notice of appeal was not the fault of the applicant.

1. The experienced counsel who represented the applicant in Cairns has given an advice that she has reasonable prospects of success in the appeal.  She was 19 years old at sentence and 16 at the time of the offence.

1. Mr B G Campbell, who appears for the Crown with his customary even handed approach, does not oppose the extension of time within which to appeal.

1. In the circumstances, the application should be granted.

1. I order that the time for filing the notice of appeal in this matter is extended to 30 November 2003.