R v Ferrier

[2007] QCA 187

COURT OF APPEAL

McMURDO P
HOLMES JA
WHITE J

CA No 75 of 2007
DC No 540 of 2002

THE QUEEN

FERRIER, Judith Leanne Applicant

BRISBANE

DATE 06/06/2007

ORDER

THE PRESIDENT: This is an application for an extension of time to appeal against conviction imposed in the District Court on the 12th of December 2002. The delay has been explained at least in part because there was a delay in obtaining material from the psychiatrist, Dr Kingswell, suggesting that she may have been unfit to plead at the time of her sentence. And, there was then further delay which was able to be reasonably explained for forensic reasons by the applicant's lawyers.

In those circumstances, I would be prepared to extend time to appeal against conviction until the filing of the extension of time, the 5th of April 2007.

I would then adjourn the further hearing of the appeal to a date to be fixed and order that a transcript be made of today's hearing.

HOLMES JA: I agree.

WHITE J: I agree.

THE PRESIDENT: That is the order of the Court.

CaseChat Overview and Summary

The case of R v Ferrier before the Court of Appeal involved the applicant, Judith Leanne Ferrier, seeking an extension of time to appeal against her conviction, which was imposed by the District Court on 12 December 2002. The application for an extension of time was heard and determined by McMurdo P, Holmes JA, and White J, in the Court of Appeal. The primary issue for the court was whether the applicant's delay in lodging the appeal could be justified under the circumstances, particularly given the delay in obtaining psychiatric material and subsequent forensic delays.

The court considered the applicant's explanation for the delay, which included the late acquisition of material from Dr Kingswell, a psychiatrist, indicating that Ferrier may have been unfit to plead at the time of her sentence. The applicant's legal representatives also provided an explanation for the additional delays, attributing them to forensic reasons. The court assessed these explanations and the overall circumstances of the case to determine whether the extension of time should be granted.

In reaching its decision, the court acknowledged the delays but found them to be reasonably explained under the particular circumstances of the case. The President of the Court, McMurdo P, was prepared to extend the time for the appeal, setting a deadline for the filing of the extension of time application as 5 April 2007. The court also ordered an adjournment of the further hearing of the appeal to a date to be fixed and mandated the preparation of a transcript of the hearing. Both Holmes JA and White J concurred with this decision, reflecting the court's unanimous stance on the matter.

The final order of the Court was that the time for appealing the conviction would be extended until 5 April 2007. Additionally, the further hearing of the appeal was to be adjourned to a date to be determined later, and a transcript of the current hearing was to be prepared.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established