R v Carey

[2006] QCA 95

SUPREME COURT OF QUEENSLAND

CITATION:

R v Carey [2006] QCA 95

PARTIES:

R
v
CAREY, Adam James
(appellant)

FILE NO/S:

CA No 231 of 2005
DC No 2238 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

3 April 2006

DELIVERED AT:

Brisbane

HEARING DATE:

3 April 2006

JUDGES:

McMurdo P, Williams JA and Jerrard JA
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal against conviction dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION RECORDED ON PLEA OF GUILTY - GENERAL PRINCIPLES - where appellant pleaded guilty to one count of carnal knowledge of a girl under 16 years and on a separate indictment to one count of producing and supplying a dangerous drug – where appellant sentenced to five years imprisonment suspended after serving twenty months with an operational period of five years – where 519 days already spent in custody was deemed time already served – where appellant appeals against conviction for unlawful carnal knowledge claiming he pleaded guilty at trial on the basis of incorrect information – where date of appellant's appeal has already been delayed and adjourned on two previous occasions - where appellant cannot be contacted as has not provided a current address or contact details and did not appear at his appeal – whether appellant's plea of guilty at trial resulted in a miscarriage of justice

R v McKenzie (2000) 113 A Crim R 534; [2000] QCA 324; CA No 353 of 1999, 11 August 2000, cited

COUNSEL:

The appellant appeared on his own behalf
S G Bain for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  The appellant pleaded guilty on 12 August 2005 in the Supreme Court at Brisbane to one count of carnal knowledge of a girl under 16 years.  He also pleaded guilty on a separate indictment to one count of producing a dangerous drug, methylamphetamine, and one count of supplying a dangerous drug, methylamphetamine.  On each count he was sentenced to five years' imprisonment suspended after serving 20 months with an operational period of five years.  The 519 days spent in pre-sentence custody were deemed to be time already served under the sentence.  Despite his plea of guilty he has appealed against his conviction for the offence of unlawful carnal knowledge. 

He is not now legally represented.  In his Notice of Appeal he contends:

"I agreed to enter a plea of guilty on the basis of a signed instructions agreement which included the fact that I would not have to report pursuant to the Child Protection (Offender Reporting) Act.  Five minutes prior to court I was told by counsel that the Act applied to me.  I did not have sufficient time to reconsider my position and had I sufficient…