R v Cockrell

The case of R v Cockrell involved the defendant, who had entered a plea of guilty to an ex-officio indictment containing 19 offences. Four of these offences were under the Criminal Code (Qld), and the remaining 15 were under the Criminal Code 1995 (Cth). The key issues before the court were whether there was a valid indictment and whether there was a miscarriage of justice in considering the invalid counts at the same time as the Commonwealth counts.

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.