R v Cosh

[2007] QCA 30

COURT OF APPEAL

McMURDO P
KEANE JA
MULLINS J

CA No 249 of 2006

THE QUEEN

v.

ALLAN JAMES COSH

BRISBANE

..DATE 08/02/2007

ORDER

THE PRESIDENT:  This matter was listed for hearing today as an appeal against conviction.  The appellant who is self-represented tells us that only last Wednesday he found out that Legal Aid had not been approved for his appeal against conviction.  He wishes to appeal against that decision, and also to attempt to get other legal representation.  He also points out that he has not yet been sentenced and it may be that if he is sentenced in the near future, any application for leave to appeal against sentence could be heard with the appeal.

As the matter has not been listed for hearing before, and as he is only recently found out that he is self-represented, and as no prejudice can be demonstrated by the prosecution, I am prepared to grant the adjournment to today.

The Prosecutor, Mr Martin, tells me there may be some apprehension that it is wise in this case for the sentence not to proceed because of the pending appeal.  I can see no reason why that would be so on its own.  The matter is adjourned to a date to be fixed. 

As I have indicated to the appellant, unless he has particularly pressing reasons, the matter is unlikely to be adjourned a second time, and if he does not have legal representation, he must prepare to argue any appeal himself. 
Those are the orders of the Court.

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