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 2007DIVISION:
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 madeORDER:
1. Application and appeal adjourned to a date to be fixed
2. Application for bail refusedCATCHWORDS:
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, appliedCOUNSEL:
P E Smith for the applicant
B W Farr SC for the respondentSOLICITORS:
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…
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- AGLC
- R v Fuller [2008] QCA 303
- Case
- [2008] QCA 303
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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