R v Clayton

[2011] QCA 63

SUPREME COURT OF QUEENSLAND

CITATION:	R v Clayton [2011] QCA 63
PARTIES:	R v CLAYTON, Sean Stewart (applicant)
FILE NO/S:	CA No 4 of 2011 SC No 25 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Sentence & Conviction) Appeal against Conviction & Sentence
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED EX TEMPORE ON:	11 April 2011
DELIVERED AT:	Brisbane
HEARING DATE:	11 April 2011
JUDGES:	Fraser JA and Atkinson and P Lyons JJ Judgment of the Court
ORDER:	The applications are struck out
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – OTHER MATTERS – where the applicant stated that the applications filed did not bear his signature – where as a result no application has been made – whether the applications should be struck out
COUNSEL:	The applicant appeared on his own behalf M J Copley SC for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

FRASER JA:  In this matter, the Court has before it what appear to be applications signed by Sean Stewart Clayton.

There is a notice of application for extension of time within which to appeal filed on 7 January 2011 and a notice of appeal or application for leave to appeal against conviction and sentence, also filed on 7 January 2011.
Mr Clayton has appeared before the Court and submitted that, in fact, neither document bears his signature.  Each document does bear a signature on page 3 but Mr Clayton points out that the signatures appear to be different from each other.  He has submitted that neither is his signature and it follows that, if so, he has made no application.  For that reason, the applications should be struck out.

The Court orders that both applications are struck out.