R v Hughes Summary | CaseChat AU

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.

CaseChat Overview and Summary

The case of R v Hughes involved the applicant, who had been convicted for the murder of her husband, seeking an extension of time to appeal against her conviction. The court was required to determine whether the applicant's extensive delay in filing her notice of appeal was due to her lack of mental capacity, which would justify an extension of time under the relevant statutory provisions. The court heard evidence from medical professionals and considered the applicant's personal circumstances to assess her mental capacity at the relevant time.

The primary legal issue before the court was whether the applicant's delay in filing her notice of appeal could be attributed to her lack of mental capacity, which would warrant an extension of time under the statutory framework. The court had to balance the applicant's right to appeal against the need to ensure that appeals are heard within a reasonable time frame, considering the principles of justice and fairness. The court also needed to determine whether the applicant had acted with due diligence in pursuing her appeal once she regained her mental capacity.

The court found that the applicant had not acted with due diligence in pursuing her appeal once she regained her mental capacity, and the delay in filing the notice of appeal was not solely due to her lack of mental capacity. However, the court acknowledged that the applicant had experienced significant delays due to her mental health issues, and it was in the interests of justice to grant an extension of time. The court exercised its discretion under the relevant statutory provisions to extend the time for the applicant to file her notice of appeal.

The court ordered that the application for an extension of time to appeal against conviction is extended to 14 April 2011. This decision was delivered ex tempore on 15 July 2011, providing the applicant with the opportunity to file her notice of appeal within the extended time frame.

Orders of the court

Delivered ex tempore on 15 July 2011:

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

R v Hughes

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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