R v Hughes

[2011] QCA 165

SUPREME COURT OF QUEENSLAND

CITATION:

R v Hughes [2011] QCA 165

PARTIES:

R
v
HUGHES, Diana Fae
(applicant)

FILE NO/S:

CA No 75 of 2011
SC No 363 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Conviction)

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED EX TEMPORE ON:

15 July 2011

DELIVERED AT:

Brisbane

HEARING DATE:

15 July 2011

JUDGES:

Margaret McMurdo P, Muir JA and Dalton J
Judgment of the Court

ORDER:

Delivered ex tempore on 15 July 2011:

The application for an extension of time to appeal against conviction is extended to 14 April 2011.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL - PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant was convicted for the murder of her husband –  where the applicant claims the extensive delay in filing her notice of appeal against conviction was because she did not have the mental capacity to progress an appeal – whether the application for an extension of time should be granted

COUNSEL:

The applicant appeared on her own behalf
M B Lehane for the respondent

SOLICITORS:

The applicant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  This is an application for an extension of time to appeal against the applicant's conviction for the murder of her husband.  She was convicted on 10 December 2009.  Her application is very late, about 16 months out of time.  She claims the extensive delay was because she did not have the mental capacity to progress an appeal.  The primary judge's sentencing remarks suggest that she was deeply distressed during the trial.  A major issue in the trial was whether she acted under diminished responsibility in killing her husband.  These matters add plausibility to her explanation for the delay. 

She is serving a sentence of life imprisonment.  In these circumstances the interests of justice warrant the granting of the application for an extension of time so that this Court can consider the issues raised in her appeal with the benefit of a full record and perhaps legal advice.  The granting of this application is not a reflection of this Court's views as to the merits of the appeal. 

The order of the Court is that the application for an extension of time to appeal against conviction is extended to 14 April 2011.