R v Carey

Case [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…

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Details
AGLC
R v Carey [2006] QCA 95
Case
[2006] QCA 95
Decision Date

CaseChat Overview and Summary

The appellant, who had previously pleaded guilty to one count of carnal knowledge of a girl under 16 years and one count of producing and supplying a dangerous drug, appealed against his conviction for unlawful carnal knowledge. The appellant argued that he had pleaded guilty at trial based on incorrect information. The appeal was heard in the court of appeal. The appellant's sentence was a five-year imprisonment suspended after serving 20 months, with an operational period of five years. The court deemed 519 days already spent in custody as time already served. The appellant's appeal date had already been delayed and adjourned on two previous occasions. The appellant could not be contacted as he had not provided a current address or contact details and did not appear at his appeal. The court was required to decide whether the appellant's plea of guilty at trial resulted in a miscarriage of justice.

The court considered the general principles of appeals against convictions recorded on pleas of guilty. The court noted that the appellant had delayed his appeal and had not provided a current address or contact details. The court also noted that the appellant had not appeared at his appeal. The court found that the appellant's plea of guilty at trial was valid and that there was no miscarriage of justice. The court dismissed the appeal against conviction.

The court found that the appellant's plea of guilty at trial was valid. The court noted that the appellant had been given the opportunity to provide a current address and contact details, but had not done so. The court also noted that the appellant had not appeared at his appeal. The court found that the appellant's plea of guilty at trial was based on correct information. The court dismissed the appeal against conviction.

The court dismissed the appeal against conviction. The court ordered that the conviction for unlawful carnal knowledge stand. The appellant was not present at the appeal and had not provided a current address or contact details. The court found that the appellant's plea of guilty at trial was valid and that there was no miscarriage of justice. The court dismissed the appeal against conviction.

Orders

Orders of the court

Appeal against conviction dismissed

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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