[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.
- AGLC
- R v Harris-Davies [2007] QCA 151
- Case
- [2007] QCA 151
- Decision Date
CaseChat Overview and Summary
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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