R v Dutton

COURT OF APPEAL

MCPHERSON JA
JERRARD JA
WHITE J

CA No 205 of 2004

THE QUEEN
v.
DAMIAN JAMES DUTTON	Applicant

BRISBANE

..DATE 27/09/2004

JUDGMENT

McPHERSON JA: The Court has come to the conclusion that the time within which the applicant should have leave to appeal against his sentence should be extended to the date on which he filed the application or notice of appeal which I understand was the 5th of July. Time will be extended to that extent and the case will of course be adjourned for full hearing at some other date.

...

McPHERSON JA: It is a case in which this Court thinks that the applicant should have legal aid. I know we have no power to determine these things but his position is somewhat difficult and he should not be placed at risk of not having legal advice in a matter which promises to become complex. Thank you.

...

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CaseChat Overview and Summary

In the Court of Appeal, the case of the Queen versus Damian James Dutton was presented. The applicant, Dutton, was seeking leave to appeal against his sentence. The appeal was brought before the Court on the 27th of September, 2004. The main legal issue before the Court was whether the time within which the applicant should have leave to appeal against his sentence should be extended. The Court needed to determine if the applicant's application or notice of appeal filed on the 5th of July should be considered within the allowable time frame.

The Court of Appeal, after considering the circumstances, concluded that the time within which the applicant should have leave to appeal against his sentence should indeed be extended. The extension was to be made to the date on which the applicant filed his application or notice of appeal, which was the 5th of July. The Court acknowledged that the case was likely to become complex and, therefore, deemed it appropriate for the applicant to have legal aid. While the Court did not have the power to determine the applicant's eligibility for legal aid, it recommended that he should receive it due to his difficult position. The case was adjourned for a full hearing at a later date.

The final orders of the Court of Appeal were that the time within which the applicant should have leave to appeal against his sentence should be extended to the date of his application or notice of appeal, and the case would be adjourned for a full hearing at a later date. Furthermore, the Court recommended that the applicant should receive legal aid due to the complexity of the case and his difficult circumstances.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established