R v Danine

The case of R v Danine involved the appellant, Danine, who sought an extension of time to appeal against his sentence. The appellant had been convicted and sentenced by the District Court of Queensland. The primary issue for the court was whether the appellant's application for an extension of time to appeal against the sentence should be granted. This required the court to consider the reasons for the delay in filing the appeal and whether the grant of leave to appeal would be futile. The court also had to assess whether the sentence imposed arguably exceeded the permissible range, as well as whether the cumulative sentences warranted any reconsideration.

The court noted that the appellant had delayed in filing his appeal because he believed his earlier appeal against his conviction would be successful. Despite this, the court found that the appellant's reasons for the delay did not justify an extension of time. Furthermore, the court held that the grant of leave to proceed with the appeal would be futile, as the sentence imposed did not arguably exceed the permissible range and the cumulative sentences were appropriate. The court determined that the appeal was unlikely to succeed, and thus denied the application for an extension of time.

In light of the above considerations, the court concluded that the application for an extension of time within which to appeal against the sentence should be refused. The appellant's argument that his earlier appeal against conviction would have been successful did not provide sufficient grounds for an extension of time. Additionally, the court found that the sentence imposed did not exceed the permissible range, and the cumulative sentences did not warrant further review. Consequently, the court upheld the original sentence and dismissed the appeal.

No further orders were made by the court in relation to the appeal or the sentence imposed. The decision to refuse the application for an extension of time stands, and the appellant is not permitted to appeal against the sentence within the extended time period.