R v. Buckley

Case [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.

Details
AGLC
R v Buckley [2001] QCA 72
Case
[2001] QCA 72
Decision Date

CaseChat Overview and Summary

The case of R v Buckley was heard in the Queensland Court of Appeal, with McMurdo P, Williams JA, and Wilson J presiding over the case. The applicant, Terrence William Buckley, was appealing against the sentence imposed on him on 20 October 2000. Buckley had sent his notice of application for leave to appeal against sentence to Legal Aid Queensland on 23 October 2000, within the required timeframe. However, Legal Aid Queensland failed to file the application until 6 December 2000, 16 days beyond the deadline. The delay was due to an oversight by Legal Aid Queensland, and it was not the fault of the applicant.

The legal issues that the court had to address were whether the time for filing the application for leave to appeal against sentence should be extended, given that the delay was not caused by the applicant. The court recognised that it was impossible to determine whether there were significant prospects of appeal based on the material before them. However, it was also impossible to say that there were no such prospects. Consequently, the court decided that the application should be granted and extended the time for leave to appeal against sentence until 7 December 2000.

The judges agreed that the time for filing the application for leave to appeal against sentence should be extended to 7 December 2000. The court's decision was based on the fact that the delay was not the fault of the applicant, and it would be unjust to deny him the opportunity to appeal against his sentence due to an oversight by Legal Aid Queensland. The court's order was that the time for leave to appeal against sentence should be extended to 7 December 2000.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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