R v Fuller - [2008] QCA 303

SUPREME COURT OF QUEENSLAND

CITATION:

R v Fuller [2008] QCA 303

PARTIES:

R
v
FULLER, Katherine
(applicant)

FILE NO/S:

CA No 2 of 2008
DC No 395 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Applications – Criminal

ORIGINATING COURT:

District Court at Maroochydore

DELIVERED ON:

1 October 2008

DELIVERED AT:

Brisbane

HEARING DATE:

1 October 2008

JUDGES:

Fraser JA, Jones and Daubney JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Application and appeal adjourned to a date to be fixed
2. Application for bail refused

CATCHWORDS:

PROCEDURE – COURTS AND JUDGES – GENERALLY – COURTS – ADJOURNMENT – where applicant applied for adjournment – where applicant sought adjournment to obtain psychiatric reports – where adjournment not opposed – whether adjournment ought be granted

CRIMINAL LAW – PROCEDURE – BAIL – BAIL PENDING APPEAL – where applicant convicted and sentenced to imprisonment following a trial by jury – where applicant applied for bail pending appeal – where appeal grounds were not yet fully defined and investigated – where the applicant would have served a significant part of the custodial component of her sentence by the time the appeal was disposed of – where applicant delayed bringing her appeal – whether applicant should be admitted to bail

Bail Act 1980 (Qld), s 8(1), s 8(5)

Hanson v DPP (Qld)[2003] QCA 409, followed
Ex parte Maher [1986] 1 Qd R 303, applied

COUNSEL:

P E Smith for the applicant
B W Farr SC for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant
Director of Public Prosecutions (Queensland) for the respondent

FRASER JA: On 29 September 2008 Katherine Fuller filed an application for orders that this Court admit her to bail on five offences of dishonestly gaining a credit balance for herself contrary to Section 408(1)(d) of the Criminal Code.

She was convicted of those offences on 13 December 2007 after a four day trial in the District Court. On each count she was sentenced to imprisonment for five years and a parole eligibility date was set at 13 June 2010. On 3 January 2008 she filed a notice of appeal against conviction and an application for leave to appeal against sentence. The application and appeal was set down to be heard today. Despite the substantial period that elapsed between the filing of the notice of appeal and application today, the applicant is not ready to proceed because she is waiting for medical evidence which her legal representatives consider might be relevant to the appeal.

Some material has been obtained, but the applicant now applies for an adjournment on the basis that it is now thought necessary to obtain a psychiatric report to consider whether the applicant was fit to instruct her lawyers at the time of her trial, whether she had a "mental health defence" at the time of the offences which negatived any attempt to defraud, and whether she suffered from an undiagnosed underlying condition…

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 Fuller

Details

AGLC: R v Fuller [2008] QCA 303
Case: [2008] QCA 303
Decision Date: 1 October 2008

CaseChat Overview and Summary

The case of R v Fuller involved the applicant, who had been convicted and sentenced to imprisonment by a jury, seeking an adjournment to obtain psychiatric reports and bail pending appeal. The application was not opposed by the prosecution. The court was tasked with determining whether the adjournment should be granted and if bail should be provided to the applicant while her appeal was being processed.

The legal issues before the court included whether the applicant's request for an adjournment to obtain psychiatric reports was justified and whether the applicant should be granted bail pending appeal. The court needed to consider the grounds of appeal that had not yet been fully defined or investigated, the significant time that would have elapsed by the time the appeal was resolved, and the delay in bringing the appeal.

In its reasoning, the court held that the adjournment application should be granted as the prosecution did not oppose it. However, the court declined to grant bail to the applicant pending appeal. The court considered the applicant's delay in bringing the appeal and the fact that she would have already served a substantial part of her custodial sentence by the time the appeal was finalised. The court concluded that these factors outweighed any potential merits of the appeal, leading to the refusal of bail. The application and appeal were adjourned to a date to be fixed.

Orders

Orders of the court

1. Application and appeal adjourned to a date to be fixed

2. Application for bail refused

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 Fuller [2008] QCA 303
PARTIES:	R v FULLER, Katherine (applicant)
FILE NO/S:	CA No 2 of 2008 DC No 395 of 2007
DIVISION:	Court of Appeal
PROCEEDING:	Miscellaneous Applications – Criminal
ORIGINATING COURT:	District Court at Maroochydore
DELIVERED ON:	1 October 2008
DELIVERED AT:	Brisbane
HEARING DATE:	1 October 2008
JUDGES:	Fraser JA, Jones and Daubney JJ Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	1. Application and appeal adjourned to a date to be fixed 2. Application for bail refused
CATCHWORDS:	PROCEDURE – COURTS AND JUDGES – GENERALLY – COURTS – ADJOURNMENT – where applicant applied for adjournment – where applicant sought adjournment to obtain psychiatric reports – where adjournment not opposed – whether adjournment ought be granted CRIMINAL LAW – PROCEDURE – BAIL – BAIL PENDING APPEAL – where applicant convicted and sentenced to imprisonment following a trial by jury – where applicant applied for bail pending appeal – where appeal grounds were not yet fully defined and investigated – where the applicant would have served a significant part of the custodial component of her sentence by the time the appeal was disposed of – where applicant delayed bringing her appeal – whether applicant should be admitted to bail Bail Act 1980 (Qld), s 8(1), s 8(5) Hanson v DPP (Qld)[2003] QCA 409, followed Ex parte Maher [1986] 1 Qd R 303, applied
COUNSEL:	P E Smith for the applicant B W Farr SC for the respondent
SOLICITORS:	Legal Aid Queensland for the applicant Director of Public Prosecutions (Queensland) for the respondent