SUPREME COURT OF QUEENSLAND
CITATION:
R v Buchanan [2016] QCA 33
PARTIES:
R
v
BUCHANAN, Patrick Ernest
(applicant)FILE NO/S:
CA No 267 of 2014
CA No 299 of 2014
DC No 272 of 2014
DC No 390 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Conviction)
Sentence ApplicationORIGINATING COURT:
District Court at Cairns – Date of Conviction & Sentence: 8 September 2014
DELIVERED ON:
23 February 2016
DELIVERED AT:
Brisbane
HEARING DATE:
30 September 2015
JUDGES:
Margaret McMurdo P and Morrison JA and Peter Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. The application for an extension of time within which to appeal against conviction is refused.
2. The application for leave to appeal against sentence is refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – where the applicant pleaded guilty and was sentenced to four years imprisonment for burglary, three years imprisonment for unlawful wounding, 13 years imprisonment for rape, and one month’s imprisonment for two summary offences of public nuisance and obstructing a police officer – where the matter proceeded by way of full hand-up committal – where the application for an extension of time was filed 12 days late – where the reason advanced was that the applicant was ignorant of what he had to do – where the applicant seeks leave to withdraw guilty plea he entered – where the proposed application to withdraw the plea of guilty confronts overwhelming difficulties – whether the application for an extension of time should be granted
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant pleaded guilty and was sentenced to four years imprisonment for burglary, three years imprisonment for unlawful wounding, 13 years imprisonment for rape, and one month’s imprisonment for two summary offences of public nuisance and obstructing a police officer – where the applicant entered the complainant’s house while she was reading on the verandah – where the applicant confronted the complainant with a rock in his hand – where the applicant demanded the complainant submit to various sexual acts and when she refused he hit her with the rock three times on the head – where the complainant fought back and pushed the applicant through a window, smashing the glass – where the applicant used a shard of glass to inflict a severe wound on the complainant’s forearm, which was bleeding profusely – where the applicant ignored the complainant’s pleas to stop so she could go to a hospital – where the applicant forced the complainant to submit to sexual intercourse, threatening to kill her – where the applicant left the premises and told passers-by that he had “just raped someone” – where this was a particularly vicious and prolonged attack, on a vulnerable but courageous woman – where the applicant showed not…
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- AGLC
- R v Buchanan [2016] QCA 33
- Case
- [2016] QCA 33
- Decision Date
CaseChat Overview and Summary
The primary legal issues in this case were whether the application for an extension of time should be granted, and if the sentence was manifestly excessive. The court considered the applicant's claim that he was unaware of his rights and the procedures for appealing, as well as the severity of the crimes committed. The applicant's credibility was also a key factor, particularly in light of his claim to have been tricked into pleading guilty.
The court found that the applicant's reasons for the late filing of the application for an extension of time were insufficient to warrant granting the extension. The applicant's claim that he was tricked into pleading guilty was not supported by evidence and was deemed unreliable. The court also concluded that the sentence was not manifestly excessive, considering the severity of the crimes and the lack of remorse shown by the applicant. The applicant's explanation for his guilty plea substantially undermined any mitigating factors that might have been present.
ORDERS:
1. The application for an extension of time within which to appeal against conviction is refused.
2. The application for leave to appeal against sentence is refused.
Orders
Orders of the court
1. The application for an extension of time within which to appeal against conviction is refused.
2. The application for leave to appeal against sentence is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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