R v Core

[1995] QCA 395

[1995] QCA 395

COURT OF APPEAL

MACROSSAN CJ
FRYBERG J
HELMAN J

CA No 222 of 1995

THE QUEEN

v

CORE, Christopher Gordon  Applicant

BRISBANE

DATE 01/08/95

ORDER

THE CHIEF JUSTICE:  This is an application for extension of time to appeal against conviction.

The reason why the notice of appeal is out of time is explained in the material.  A notice, in fact, went in within time but it did not contain necessary supporting grounds and it was not accepted by the Court's officer when it came to him.  The reason why the grounds did not accompany the original notice was, as the material explains, that the applicant himself mistakenly retained that part of the documentation in his possession.  The perfected document then went in on 31 May of this year.

The Crown, in view of the circumstances that I have briefly outlined, does not object to an extension of time for bringing the appeal.

The merits that will be involved in the appeal cannot be effectively judged as of today.  The point which is sought to be raised is the contention that the verdicts which the jury brought in were inconsistent.  They found guilt in some cases and not in others.  As I say, the merits in that contention cannot be judged today but the reason for delay is explained and the Crown does not oppose an order for extension of time.

In the circumstances, I would favour ordering that the time for filing the appeal be extended until 31 May 1995, it being accepted before us that that was the day on which the effective notice was, in fact, filed.

FRYBERG J:  I agree.

HELMAN J:  I agree.

THE CHIEF JUSTICE:  There will be an order accordingly extending time to that date.