SUPREME COURT OF QUEENSLAND
CITATION:
R v Cockrell [2015] QCA 73
PARTIES:
R
v
COCKRELL, Marcus Geoffrey
(applicant)FILE NO/S:
CA No 233 of 2014
DC No 2756 of 2003DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Conviction)
ORIGINATING COURT:
District Court at BrisbaneDELIVERED ON:
1 May 2015
DELIVERED AT:
Brisbane
HEARING DATE:
13 February 2015
JUDGES:
Gotterson and Morrison JJA and Jackson J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application is refused.
CATCHWORDS:
CRIMINAL LAW – PROCEDURE – INFORMATION, INDICTMENT OR PRESENTMENT – OTHER MATTERS – where the applicant entered a plea of guilty to an ex-officio indictment containing 19 offences – where four of the offences were under the Criminal Code (Qld), and the remaining 15 were under the Criminal Code 1995 (Cth) – where the indictment had been signed by a person who was authorised to do so in respect of both Commonwealth and Queensland counts – where however, the indictment had not been presented by a person who was authorized to present the indictment in respect of the Queensland counts – where in an earlier appeal the applicant was granted an extension of time to appeal against his conviction for the Queensland counts – where the Court set aside the pleas of guilty and convictions in respect of the Queensland counts – whether there was a valid indictment – whether there was a miscarriage of justice in considering the invalid counts at the same time as the Commonwealth counts
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant entered a plea of guilty in 2003 – where within time the applicant applied for leave to appeal against the sentence imposed – where that application was abandoned – where in 2004 the applicant was granted an extension of time to appeal the conviction in relation to the Queensland counts – where that appeal was successful – where in 2005 the applicant filed a second application for an extension of time to appeal the sentence imposed – where that application was refused – where in 2009 the applicant made a third application for extension of time to appeal the sentence – where that application was refused – where the applicant now, eleven years after his conviction seeks leave to appeal against the conviction on the Commonwealth counts – whether there is an adequate explanation for the delay – whether there are merits of the proposed appeal – whether there is a good reason to relieve the applicant of the consequences of not filing in time
Criminal Code (Qld), s 560, s 561, s 564, s 567(2), s 597C, s 604(1), s 668D
Alphapharm Pty Ltd v H Lundbeck A/S (2014) 89 ALJR 1; (2014) 314 ALR 182; [2014] HCA 42, cited
Beil v Mansell (No 1) [2006] 2 Qd R 199; [2006] QCA 173,…
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- R v Cockrell [2015] QCA 73
- Case
- [2015] QCA 73
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CaseChat Overview and Summary
The court found that the indictment had been signed by a person who was authorised to do so in respect of both Commonwealth and Queensland counts, however, it had not been presented by a person who was authorized to present the indictment in respect of the Queensland counts. In an earlier appeal, the applicant was granted an extension of time to appeal against his conviction for the Queensland counts, and the Court set aside the pleas of guilty and convictions in respect of the Queensland counts. The court concluded that the delay in appealing the conviction on the Commonwealth counts was serious, amounting to nearly eleven years from conviction, and more than nine years after his first appeal, and there was no satisfactory explanation for it.
The application for leave to appeal against the conviction on the Commonwealth counts was refused. The court held that there was no good reason to relieve Mr Cockrell of the consequences of his not filing in time, and the delay was very serious. The point he wished to raise had been raised before, in Cockrell No 1, and his appeal rights had been exhausted. In any event the point was one that had been known to Mr Cockrell for at least six years. Furthermore, under a plea agreement with the Commonwealth he entered a plea of guilty to all nineteen counts on the original indictment with open eyes and the benefit of legal advice.
Orders
Orders of the court
The application is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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