R v. Buckley

[2001] QCA 72

[2001] QCA 72

COURT OF APPEAL

McMURDO P
WILLIAMS JA
WILSON J

CA No 355 of 2000
DC No 142 of 2000

THE QUEEN

v

BUCKLEY, Terrence William  Applicant

BRISBANE

DATE 05/03/2001

JUDGMENT

THE PRESIDENT:  The applicant was sentenced on 20 October 2000.  He sent his notice of application for leave to appeal against sentence to Legal Aid Queensland on 23 October 2000, well within time.  Although it was received within the Office of Legal Aid on 25 October 2000, Legal Aid Office neglected to file the application until 6 December 2000, 16 days out of time.  It was no fault of the applicant that the notice was filed late.  It was entirely due to an oversight at Legal Aid Queensland.

It is really impossible to determine on the material before this Court whether there are significant prospects of appeal but, on the other hand, it is also impossible to say that that is not the case and, in the circumstances, it seems to me that the application should be granted.  I would extend time for leave to appeal against sentence until 7 December 2000.

WILLIAMS JA:  I agree that the time for filing the application for leave to appeal against sentence should be extended to 7 December 2000.

WILSON J:  I agree.

THE PRESIDENT:  That is the order of the Court.