R v Brown Summary | CaseChat AU

[1995] QCA 212

COURT OF APPEAL
McPHERSON JA
MOYNIHAN J

de JERSEY J

CA No 72 of 1995
THE QUEEN
v.

KITTY MARIA BROWN

Applicant

BRISBANE
..DATE 24/04/95
MOYNIHAN J: This is an application for leave to appeal
against a series of sentences. The notice of appeal
originally expressed as the sole basis of the appeal that a
conviction had been recorded thereby constituting the
sentences manifestly excessive. It was drawn to the
applicant's attention that having regard to the fact that one
of the sentences was for a suspended sentence of imprisonment,
the provisions of section 143 of the Penalties and Sentences
Act obliged the Court to record a conviction.

The applicant was then permitted to amend the notice of appeal by deleting the restriction in terms of a complaint about the recording of a conviction and leaving open the question of the sentences as a whole or individually being manifestly excessive.

In the course of the exchange with the applicant who appeared on her own behalf it emerged that she took issue with the fact of criminal culpability in respect of the offences to which she had pleaded guilty. She, for example, said that she did not consider herself as criminally culpable and appears to suggest that there are explanations for the plea of guilty to be found in relation to matters involving the Federal Police which are canvassed from the transcript.

It having emerged that the issues in respect of those matters which the applicant now seeks to canvass cannot be dealt with in the context of an appeal against sentence that application ought not to proceed.

The applicant informs the Court that she desires time and opportunity to take legal advice as to the proper course to have this Court deal with the situation in which she now finds herself.

In those circumstances, it seems to me that the appropriate order is to adjourn the application for leave to appeal against sentence to a date to be fixed on the basis that if the applicant does not move with reasonable alacrity to pursue any appeal against conviction the sentence appeal can be brought back on and appropriately disposed of so that I think that the only order that can be made in the present circumstances is the application for leave against sentence be adjourned to a date to be fixed.

MCPHERSON JA: Yes, I agree with that.

de JERSEY J: I agree.

MCPHERSON JA: The order is that the application for leave to appeal against sentence will be adjourned to a date to be fixed. Now it is in your hands, Ms Brown. You have to move to do something otherwise this will just be dismissed.

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CaseChat Overview and Summary

The case of R v Brown involved the applicant, Kitty Maria Brown, seeking leave to appeal against a series of sentences imposed upon her. The appeal was initially based on the argument that the sentences were manifestly excessive, but later it was also suggested that she did not consider herself criminally culpable. The Queensland Court of Appeal, presided over by McPherson JA, Moynihan J, and de Jersey J, was tasked with determining whether the applicant's appeal should proceed and, if so, what the appropriate course of action would be.

The primary legal issues before the court were whether the application for leave to appeal should be permitted to proceed in light of the applicant's claims of non-culpability, and if so, how the court should handle the situation. The court had to consider the provisions of the Penalties and Sentences Act, particularly section 143, which requires the recording of a conviction when a suspended sentence of imprisonment is imposed. Furthermore, the court needed to decide whether the issues raised by the applicant regarding her culpability could be addressed within the context of an appeal against sentence, or if they required a different legal remedy.

The Court of Appeal determined that the application for leave to appeal should be adjourned. The court found that the applicant's claims of non-culpability could not be addressed in the context of an appeal against sentence, and therefore, the application for leave to appeal should not proceed. Instead, the court granted the applicant time and opportunity to seek legal advice on the proper course of action to address her claims of non-culpability. The court emphasised that if the applicant did not move with reasonable alacrity to pursue any appeal against conviction, the sentence appeal could be brought back and appropriately disposed of.

The final order of the Court of Appeal was that the application for leave to appeal against sentence would be adjourned to a date to be fixed. McPherson JA underscored the responsibility of the applicant, Ms Brown, to take action to move her appeal forward or risk having the application dismissed.

R v Brown

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