R v Gallagher

[1993] QCA 054

COURT OF APPEAL

MACROSSAN CJ McPHERSON JA BYRNE J

CA No 22 of 1993

THE QUEEN
v.

BRETT DAVID GALLAGHER

BRISBANE
DATE.. 23/02/93

THE CHIEF JUSTICE: Well, we are going to extend time for you then, Mr Gallagher. I will just say that in this case you are applying for an extension of time to enable you to appeal against sentence. You were 11 days out in lodging of that appeal, but you’ve provided an explanation which consists of your energetically enough endeavouring to contact your solicitor, convey your instructions and ensure that your appeal would be lodged.

However, on the account which you have given to the Court, and which the Crown does not contest, there was no proper response within time by the solicitor on your behalf so in the end you did the best you could yourself. In these circumstances I think you’ve made out a case for extension of time and I would favour ordering an extension of time to cover the application for leave to appeal against sentence which you have lodged dated 11 January 1993.

MCPHERSON JA: I agree.

BYRNE: I agree.

THE CHIEF JUSTICE: That will be the order of the Court.

CaseChat Overview and Summary

The appeal in the case of R v Gallagher was heard by the Queensland Court of Appeal, comprising Macrossan CJ, McPherson JA, and Byrne J. The appellant, Brett David Gallagher, sought an extension of time to appeal against his sentence. Gallagher was 11 days late in lodging his appeal, but he attributed this delay to his efforts to contact his solicitor and ensure his appeal was lodged. Gallagher's solicitor did not respond adequately to his instructions, leading Gallagher to lodge the appeal himself.

The central legal issue before the court was whether Gallagher's delay in lodging his appeal was excusable under the circumstances. Gallagher argued that his delay was due to his own efforts to contact his solicitor and his solicitor's failure to respond. The Crown did not contest the account provided by Gallagher.

The court considered the explanation provided by Gallagher and the fact that there was no contest from the Crown regarding the events leading to the delay. Macrossan CJ, McPherson JA, and Byrne J agreed that Gallagher had made out a case for an extension of time. The court found that Gallagher's efforts to contact his solicitor and his solicitor's failure to respond adequately justified the extension. Consequently, the court granted the extension of time to allow Gallagher to proceed with his application for leave to appeal against his sentence.

The final order of the court was to extend the time for Gallagher to lodge his appeal against his sentence. The court acknowledged Gallagher's explanation and the lack of contest from the Crown, leading to the unanimous decision to grant the extension.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established