R v Hickman

[2003] QCA 449

[2003] QCA 449

COURT OF APPEAL

McPHERSON JA
MACKENZIE J

WILSON J

CA No 430 of 2002
THE QUEEN
v.

ARTHUR CYRIL HICKMAN

BRISBANE

..DATE 15/10/2003

JUDGMENT
APPLICANT conducted his own case

MR C W HEATON, with him MR M D SYMONS (instructed by the respondent

McPHERSON JA: I would not grant the adjournment sought in this case. My colleagues are of a different view and I will ask Mr Justice Mackenzie to state the terms on which the Court is prepared to grant the adjournment.

MACKENZIE J: While I have grave doubts about the bona fides of the application it seems to me that in the circumstances we have little option but to adjourn the matter. I would accordingly order that the matter will be adjourned to a date to be fixed with the following directions:

Within 28 days the applicant file and serve on the Director of
Public Prosecutions:

(i)  an affidavit by the applicant setting out with full particularity the reasons why the plea of guilty should be set aside;

(ii) without limiting the generality of (i) the affidavit shall include any evidence upon which the applicant wishes to rely whether relating to advice given to him by his counsel or relating to his physical or mental state at the time the plea of guilty was entered; and

2   JUDGMENT

(iii)  the affidavit shall also exhibit any medical evidence upon which the applicant wishes to rely in the form of a full opinion by a medical practitioner or medical practitioners as to the applicant's capacity to understand the nature and effect of his plea of guilty at the time he entered the plea of guilty.

McPHERSON JA: Yes, that will be the order of the Court.

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3   JUDGMENT