R v Chadburn

Case [2001] QCA 77


[2001] QCA 77

COURT OF APPEAL

McMURDO P
WILLIAMS JA
WILSON J

CA No 26 of 2001

THE QUEEN

v.

MARCUS JAMES CHADBURN  Applicant

BRISBANE

..DATE 05/03/2001

ORDER

THE PRESIDENT:  The order is that the time for filing the application for leave to appeal against sentence is extended until 14 February 2001.

MR GLYNN:  Do I understand your Honour also has to make an order for the compilation of the record?  Someone indicated to me that was the practice the Court follows in these circumstances.

THE PRESIDENT:  I am not aware of it.

MR GLYNN:  In that case, I may have been misinformed your Honour.  I have not experienced it myself but someone told me that that was done so I will not raise it - I will not take it any further.

THE PRESIDENT:   I have never heard the order made.

MR GLYNN:  Thank you, your Honour.

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Details
AGLC
R v Chadburn [2001] QCA 77
Case
[2001] QCA 77
Decision Date

CaseChat Overview and Summary

Marcus James Chadburn was the applicant in a case against the Crown, heard by the Queensland Court of Appeal. The applicant sought to appeal against his sentence. The case was presided over by McMurdo P, Williams J, and Wilson JCA. The primary focus of the hearing was on the extension of time for filing an application for leave to appeal against the sentence imposed on the applicant.

The legal issue before the court was whether the time for filing an application for leave to appeal against the applicant's sentence should be extended. The applicant's legal representative, Mr Glynn, raised the matter of the compilation of the record, a practice he had been led to believe the Court followed in such circumstances. However, the President of the Court was unaware of such a practice and had never made such an order. Consequently, the issue of the compilation of the record was not pursued further.

The Court granted the extension of time for filing the application for leave to appeal against the sentence. The President extended the time until 14 February 2001. The court did not find it necessary to make an order for the compilation of the record as no such practice was recognized by the President. Consequently, the application for leave to appeal was to proceed within the extended timeframe.

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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