R v Dennis

SUPREME COURT OF QUEENSLAND

CITATION:

R v Dennis [2005] QCA 63

PARTIES:

R
v
DENNIS, Shaun Danny
(applicant)

FILE NO/S:

CA No 404 of 2004
SC No 5 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence & Conviction)

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED EX TEMPORE ON:

14 March 2005

DELIVERED AT:

Cairns

HEARING DATE:

14 March 2005

JUDGES:

McMurdo P, Jerrard JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for extension of time granted

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where application for leave to appeal against conviction seven months out of time – where Crown concede that although no merits in grounds of appeal they cannot be fully answered without a complete record – whether extension of time should be granted

COUNSEL:

The applicant appeared on his own behalf
R G Martin SC for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT: This application for an extension of time for leave to appeal against the applicant's conviction for murder is seven months out of time. He claims he was not told of the time limit by his trial lawyers. The grounds he seeks to argue are:

(1) Failure to adequately direct on provocation
(2) Allegedly false assertions by the Prosecutor
(3) Incompetence of counsel
(4) Failure by the trial judge to correct alleged misstatements by the Prosecutor.
(5) Misconduct by the police, and
(6) Tendering an audiotape of confession when the video tape would have helped the applicant.

Counsel for the respondent, Mr Martin SC, very properly concedes that although he does not agree that there is any merit in any of the grounds of appeal sought to be argued, these grounds cannot be fully answered without a complete record and in those circumstances, does not resist the application.

It is therefore appropriate that this Court grants the application for an extension of time.

...

THE PRESIDENT: That is the order of the Court.

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CaseChat Overview and Summary

The appellant, Dennis, sought leave to appeal against his conviction seven months out of time. The appeal was against his conviction for an offence under the Criminal Code (Qld). The Crown conceded that there were no merits in the grounds of appeal, but they could not be fully answered without a complete record. The case was heard in the Supreme Court of Queensland. The legal issues before the court were whether an extension of time should be granted to Dennis to lodge his appeal and, if so, on what basis.

The court considered the provisions of the Criminal Appeal and New Trial Act 1977 (Qld) and relevant case law. The court found that the Crown's concession that the grounds of appeal had no merits did not preclude a complete record from being necessary to fully answer the grounds. The court noted that an extension of time may be granted if it is in the interests of justice to do so. The court was satisfied that it was in the interests of justice to grant the extension of time to Dennis to allow for the appeal to proceed with a complete record. The court also noted that the delay was not attributable to any fault on the part of Dennis and that the Crown had not been prejudiced by the delay.

The application for extension of time was granted. The court found that it was in the interests of justice to allow the appeal to proceed with a complete record. The court noted that the delay was not attributable to any fault on the part of Dennis and that the Crown had not been prejudiced by the delay. The court did not make any orders regarding the abandonment of the appeal or the merits of the grounds of appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	R v Dennis [2005] QCA 63
PARTIES:	R v DENNIS, Shaun Danny (applicant)
FILE NO/S:	CA No 404 of 2004 SC No 5 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Sentence & Conviction)
ORIGINATING COURT:	Supreme Court at Cairns
DELIVERED EX TEMPORE ON:	14 March 2005
DELIVERED AT:	Cairns
HEARING DATE:	14 March 2005
JUDGES:	McMurdo P, Jerrard JA and Cullinane J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application for extension of time granted
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where application for leave to appeal against conviction seven months out of time – where Crown concede that although no merits in grounds of appeal they cannot be fully answered without a complete record – whether extension of time should be granted
COUNSEL:	The applicant appeared on his own behalf R G Martin SC for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent