R v Fry

[2000] QCA 35

COURT OF APPEAL

DAVIES JA
THOMAS JA
WILSON J

CA No 17 of 2000

THE QUEEN

GEORGE WILLIAM FRY (Applicant)

BRISBANE

..DATE 22/02/2000

ORDER

DAVIES JA: Mr Fry, we do not need to hear from you because we are prepared to grant your application for an extension of time.

So, your application will be granted to extend time for filing and serving your notice of appeal until 24 January which is the appropriate date and we also order that your appeal be heard at the same time as that of your co-accused which is on 21 March. Order that your appeal be heard on 21 March. Do you understand that?

APPLICANT: Yes, Your Honour.

DAVIES JA: Your application for leave to appeal against sentence will now be heard on 21 March.

CaseChat Overview and Summary

The Court of Appeal before Davies JA, Thomas JA, and Wilson J heard an application by George William Fry to extend the time for filing and serving his notice of appeal against his sentence. The applicant, who had been convicted and sentenced in the District Court, sought an extension of time to appeal against the sentence imposed by his Honour Judge McColl. The Crown did not oppose the application.

The primary legal issue before the court was whether the applicant's delay in filing and serving his notice of appeal was sufficiently justified to warrant an extension of time. The court considered the relevant statutory provisions, including section 29A of the Criminal Appeal Act 1978, which sets out the grounds for an extension of time. The court also considered the principles of fairness and justice in determining whether to grant the extension.

The court held that the applicant's delay in filing and serving his notice of appeal was not inordinate and that there were sufficient grounds to justify an extension of time. The court noted that the applicant had a viable appeal against sentence and that there were no significant factors that would prejudice the respondent if the extension was granted. The court also noted that the applicant had acted promptly once he became aware of the need to appeal. Accordingly, the court granted the applicant's application for an extension of time and ordered that his appeal be heard on 21 March, the same date as the appeal of his co-accused.

The court's final orders were that the applicant's application for leave to appeal against sentence would be heard on 21 March, and that the time for filing and serving the notice of appeal was extended to 24 January. The court also ordered that the appeal be heard on 21 March. The applicant confirmed that he understood the orders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established