SUPREME COURT OF QUEENSLAND
CITATION: R v Gourley [2003] QCA 307 PARTIES: R
v
GOURLEY, Merrilyn Ann
(applicant)FILE NO/S:
CA No 153 of 2003 DC No 212 of 2002
DIVISION: Court of Appeal PROCEEDING: Application for Extension (Sentence) ORIGINATING
COURT:District Court at Townsville DELIVERED EX 21 July 2003 TEMPORE ON: DELIVERED AT: Brisbane HEARING DATE: 21 July 2003 JUDGES: Williams JA, Mackenzie and Helman JJ
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Application for extension of time within which to appeal
against sentence refusedCATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE- AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where applicant convicted on plea of guilty to fraud – where applicant sought extension of time in which to seek leave to appeal against sentence – where 9 months out of time – where applicant claimed she was never advised by her legal representative that she could appear without cost to herself on her own behalf on appeal – where applicant would claim sentence was manifestly excessive if application granted
COUNSEL: The applicant appeared on her own behalf
Mr Pointing for the respondentSOLICITORS: The applicant appeared on her own behalf
Director of Public Prosecutions for the respondent
MACKENZIE J: This is an application for an extension of time
in which to seek leave to appeal against a sentence.
On the 9th of August 2002 the applicant pleaded guilty to
dishonestly obtaining money in excess of $5,000 from her
| employer, the Defence Force Credit Union. She was sentenced to six years' imprisonment with a recommendation that she be considered eligible for parole after serving two years and | 10 |
| three months. | |
| Over a four and a half year period when she was between 42 and | |
| 46 years' of age she defrauded her employer by opening a | |
| series of loan accounts in other names, drawing down most of | 20 |
| the available funds and gambling them away. Some moneys were | |
| used to service loan payments in an attempt to conceal her | |
| wrongdoing. Eventually when she could no longer do so she | |
| went to the police and confessed. The total actual loss to | |
| her employer was over $213,000. | 30 |
| The application for extension of time was filed on the 16th of | |
| May 2003, about nine months out of time. The explanation | |
| advanced for not applying within the prescribed time for leave | |
| to appeal against sentence is that the applicant was advised | 40 |
| by her legal representatives immediately after the sentence was imposed that they recommend that she not appeal and probably would not get legal aid funding. | |
| The subsequent letter from Legal Aid made the same | 50 |
| recommendation but said that if she wished to appeal she had 28 days and would have to be reassessed for legal aid. She says the letter did not say that… |
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- AGLC
- R v Gourley [2003] QCA 307
- Case
- [2003] QCA 307
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Court should grant an extension of time for Gourley to appeal against her sentence, despite being well outside the statutory period for such an appeal. The Court had to consider whether Gourley's claim that she was unaware of her right to appear without cost on her own behalf constituted sufficient grounds for granting the extension. Additionally, the Court had to assess whether the sentence imposed was manifestly excessive, as Gourley intended to argue if the application was successful.
The Court held that it would not grant the extension of time for Gourley to appeal against her sentence. The Court emphasised that an extension of time was only granted in exceptional circumstances and that Gourley had failed to demonstrate such exceptional circumstances. The Court found that Gourley had not acted with due diligence in pursuing her appeal, and her claim of not being advised by her legal representative did not sufficiently justify the delay. Furthermore, the Court noted that the sentence imposed was not manifestly excessive, and this did not constitute a ground for granting the extension.
The Court refused the application for an extension of time within which to appeal against the sentence.
Orders
Orders of the court
Application for extension of time within which to appeal
against sentence 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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