[2004] QCA 353
COURT OF APPEAL
WILLIAMS JA
WHITE J
JONES J
CA No 284 of 2004
DC No 214 of 2004
THE QUEEN
v.
COGLAN, Benjamin James (Applicant)
BRISBANE
DATE 28/09/2004
ORDER
The APPLICANT appeared on his own behalf
MR C W HEATON (instructed by the Director of Public Prosecutions (Queensland)) for the respondent
WILLIAMS JA: The formal order of the Court will be extend the time for filing the notice of application for leave to appeal against sentence until 26 August 2004.
Details
- AGLC
- R v Coglan [2004] QCA 353
- Case
- [2004] QCA 353
- Decision Date
CaseChat Overview and Summary
The matter under consideration in the Queensland Court of Appeal was an application by Benjamin James Coglan, the applicant, to extend the time for filing a notice of application for leave to appeal against a sentence imposed by a lower court. The respondent in this case was represented by Mr. C W Heaton, instructed by the Director of Public Prosecutions (Queensland). The applicant appeared on his own behalf.
The primary legal issue before the Court was whether the applicant was entitled to an extension of time to file the notice of application for leave to appeal against his sentence. The Court needed to consider the circumstances that justified the extension, the rules governing the timeliness of such applications, and whether the applicant had demonstrated sufficient cause for the delay.
The Court found that the applicant had provided a satisfactory explanation for the delay in filing the notice of appeal. The Court took into account the applicant's personal circumstances and the efforts made to rectify the delay. The Court was satisfied that the extension was warranted under the relevant provisions of the law. Consequently, the Court granted the extension, setting the new deadline for filing the notice of application for leave to appeal as 26 August 2004.
The primary legal issue before the Court was whether the applicant was entitled to an extension of time to file the notice of application for leave to appeal against his sentence. The Court needed to consider the circumstances that justified the extension, the rules governing the timeliness of such applications, and whether the applicant had demonstrated sufficient cause for the delay.
The Court found that the applicant had provided a satisfactory explanation for the delay in filing the notice of appeal. The Court took into account the applicant's personal circumstances and the efforts made to rectify the delay. The Court was satisfied that the extension was warranted under the relevant provisions of the law. Consequently, the Court granted the extension, setting the new deadline for filing the notice of application for leave to appeal as 26 August 2004.
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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