R v Dobie - [2011] QCA 21

SUPREME COURT OF QUEENSLAND

CITATION:

R v Dobie [2011] QCA 21

PARTIES:

R
v
DOBIE, Keith William
(applicant)

FILE NO/S:

CA No 245 of 2010
DC No 1221 of 2008

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence & Conviction)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

18 February 2011

DELIVERED AT:

Brisbane

HEARING DATE:

1 February 2011

JUDGES:

Margaret McMurdo P and Fraser and Chesterman JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. The application for an extension of time to appeal against conviction and sentence is refused.

2. The applicant is not permitted to file any further applications for an extension of time to appeal against conviction or sentence in this matter without leave of a judge of appeal.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL –PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where applicant was convicted of trafficking in persons, dealing in the proceeds of crime in an amount exceeding $10,000 and presenting false documents to an immigration official – where the applicant sought an extension of time to appeal against his conviction and sentence – where the applicant argued there was a conflict with the sentencing judge due to her role as the Director of Public Prosecutions (Qld) at the time the applicant was charged – where no evidence was presented to support this ground – where the applicant raised two further grounds of appeal that had already been considered and rejected in previous appeals to this Court – whether the applicant has any prospects of success on appeal – whether it is in the interests of justice to grant an extension of time

Criminal Code 1995 (Cth), s 11.2(1), s 271.2(2B), s 400.6(1)
Migration Act 1958 (Cth), s 234(1)(a)

R v Dobie (2009) 236 FLR 455; [2009] QCA 394, considered
R v Dobie[2010] QCA 34, considered
R v MAM [2005] QCA 323, cited
R v Nudd [2007] QCA 40, cited
R v Pettigrew [1997] 1 Qd R 601; [1996] QCA 235, cited

COUNSEL:

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

SOLICITORS:

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

[1] MARGARET McMURDO P: The applicant, Keith William Dobie, was charged on an indictment in the District Court presented on 7 November 2007 with trafficking in persons between 13 November 2005 and 23 January 2006 (s 271.2(2B) Criminal Code 1995 (Cth)) (count 1); trafficking in persons between 11 February 2006 and 17 April 2006 (count 2); dealing in the proceeds of crime between 18 December 2005 and 17 April 2006 (s 400.6(1) Criminal Code 1995 (Cth)) (count 3); presenting a false document to an immigration official on 9 December 2005 at Bangkok (s 234(1)(a) Migration Act 1958 (Cth); s 11.2(1) Criminal Code 1995 (Cth)) (count 4); presenting a false document to an immigration official…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Dobie

Details

AGLC: R v Dobie [2011] QCA 21
Case: [2011] QCA 21
Decision Date: 18/02/2011

CaseChat Overview and Summary

The applicant, Dobie, was convicted of trafficking in persons, dealing in proceeds of crime exceeding $10,000, and presenting false documents to an immigration official. Dobie appealed against his conviction and sentence, seeking an extension of time to do so. He argued that the sentencing judge's previous role as Director of Public Prosecutions (Qld) created a conflict, though he presented no evidence to support this claim. He also raised two additional grounds of appeal that had already been rejected in previous appeals to this Court.

The Court considered whether granting an extension of time would offer Dobie any prospects of success on appeal and whether it was in the interests of justice to do so. The Court noted the absence of evidence to support the conflict of interest claim and observed that the other grounds of appeal had already been rejected. Therefore, the Court concluded that there were no prospects of success and that it was not in the interests of justice to grant an extension of time.

The Court refused Dobie's application for an extension of time to appeal against his conviction and sentence. Additionally, Dobie is not permitted to file any further applications for an extension of time to appeal against conviction or sentence in this matter without the leave of a judge of appeal.

Orders

Orders of the court

1. The application for an extension of time to appeal against conviction and sentence is refused.

2. The applicant is not permitted to file any further applications for an extension of time to appeal against conviction or sentence in this matter without leave of a judge of appeal.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Dobie [2011] QCA 21
PARTIES:	R v DOBIE, Keith William (applicant)
FILE NO/S:	CA No 245 of 2010 DC No 1221 of 2008
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Sentence & Conviction)
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	18 February 2011
DELIVERED AT:	Brisbane
HEARING DATE:	1 February 2011
JUDGES:	Margaret McMurdo P and Fraser and Chesterman JJA Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	1. The application for an extension of time to appeal against conviction and sentence is refused. 2. The applicant is not permitted to file any further applications for an extension of time to appeal against conviction or sentence in this matter without leave of a judge of appeal.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL –PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where applicant was convicted of trafficking in persons, dealing in the proceeds of crime in an amount exceeding $10,000 and presenting false documents to an immigration official – where the applicant sought an extension of time to appeal against his conviction and sentence – where the applicant argued there was a conflict with the sentencing judge due to her role as the Director of Public Prosecutions (Qld) at the time the applicant was charged – where no evidence was presented to support this ground – where the applicant raised two further grounds of appeal that had already been considered and rejected in previous appeals to this Court – whether the applicant has any prospects of success on appeal – whether it is in the interests of justice to grant an extension of time Criminal Code 1995 (Cth), s 11.2(1), s 271.2(2B), s 400.6(1) Migration Act 1958 (Cth), s 234(1)(a) R v Dobie (2009) 236 FLR 455; [2009] QCA 394, considered R v Dobie[2010] QCA 34, considered R v MAM [2005] QCA 323, cited R v Nudd [2007] QCA 40, cited R v Pettigrew [1997] 1 Qd R 601; [1996] QCA 235, cited
COUNSEL:	The applicant appeared on his own behalf G R Rice SC for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Commonwealth) for the respondent