R v Harris-Davies

Case [2007] QCA 151


[2007] QCA 151

COURT OF APPEAL

JERRARD JA
FRYBERG J

PHILIPPIDES J

CA No 18 of 2007
DC No 399 of 2006

DC No 486 of 2006

THE QUEEN
v

MATTHEW ROBERT HARRIS-DAVIES

BRISBANE

DATE 11/05/2007

ORDER

JERRARD JA: The Court will publish later the reasons for the orders that are made now, but the orders made now are that the applicant is granted an extension of time within which to seek leave to appeal against his sentences imposed by Judge White on 8 September 2006, and the hearing of that application is adjourned to a date to be fixed.

The Court requests a transcript of the argument.

Details
AGLC
R v Harris-Davies [2007] QCA 151
Case
[2007] QCA 151
Decision Date

CaseChat Overview and Summary

The case of R v Harris-Davies involved the appellant, Matthew Robert Harris-Davies, contesting the sentences imposed upon him. The dispute was heard in the Court of Appeal in Queensland, with the appeal being heard by Jerrard JA, Fryberg J, and Philippides J. The appellant sought an extension of time to apply for leave to appeal against his sentences, which had been handed down by Judge White on 8 September 2006.

The central legal issue before the Court was whether the appellant should be granted an extension of time to seek leave to appeal against his sentences. The appellant argued that he had been unable to obtain legal representation in a timely manner, which had delayed his ability to prepare and file his application for leave to appeal. The Court had to consider whether the appellant's circumstances were sufficient to warrant an extension of time.

The Court of Appeal determined that the appellant's circumstances were indeed compelling enough to warrant an extension of time. The judges recognised that the appellant had faced difficulties in obtaining legal representation, which had impeded his ability to apply for leave to appeal in a timely fashion. Consequently, the Court granted the appellant an extension of time within which to seek leave to appeal against his sentences. The hearing of the application for leave to appeal was subsequently adjourned to a date to be fixed. The Court also requested a transcript of the argument for its future published reasons.

Orders

Orders of the court

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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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