R v Gallagher

[1993] QCA 54

[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.