R v Huni

[2004] QCA 226

SUPREME COURT OF QUEENSLAND

CITATION:	R v Huni [2004] QCA 226
PARTIES:	R v HUNI, Loumaile (appellant)
FILE NO/S:	CA No 56 of 2004 DC No 270 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Conviction
ORIGINATING  COURT:	District Court at Brisbane
DELIVERED EX	1 July 2004
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	1 July 2004
JUDGES:	Davies, Williams and Jerrard JJA Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. Leave to withdraw the notice of abandonment of 5 May 2004 granted
2. Notice of appeal filed 2 March 2004 is reinstated
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where appellant convicted of perjury – where appellant filed appeal and later a notice of abandonment – where respondent does not oppose leave being given to withdraw abandonment – where serious offence – whether leave should be granted to withdraw notice of abandonment
R v Tabe [1983] 2 Qd R 60, cited
COUNSEL:	The appellant appeared on his own behalf S G Bain for the respondent
SOLICITORS:	The appellant appeared on his own behalf Director of Public Prosecutions (Queensland) for the
respondent

WILLIAMS JA: The applicant was convicted after a trial of the offence of perjury. He was sentenced on 6 February 2004 to 18 months' imprisonment to be suspended after six months with an operational period of 18 months. On 26 February 2004, he prepared an appeal against conviction on grounds drafted by himself and it was filed on 2 March 2004. It appears that he wished to challenge some directions given to the jury by the learned trial Judge.

As it appeared to him that legal aid would not be granted and he was "feeling unsure and anxious about possibly representing" himself in the Court of Appeal he lodged a notice of abandonment of appeal with the Court on 5 May 2004. Subsequently, he has ascertained that if he obtains leave to withdraw his notice of abandonment then legal aid will be granted with respect to the hearing of the appeal.

In consequence, on 21 June 2004 the applicant made application
to have his appeal reinstated. That should be treated as an
application to withdraw the notice of abandonment. Counsel
for the respondent in her written outline has indicated that
the respondent does not oppose leave being granted to withdraw
the abandonment. It does appear that the applicant satisfies
the test referred to in R v Tabe [1983] 2 QdR 60. The offence
is a serious one and a conviction ought to be reviewed on the
merits.
The Registrar has indicated that a hearing date of 20 July
2004 is available and the parties should avail themselves of
that date. In the circumstances, leave to withdraw the notice
of abandonment of 5 May 2004 should be granted and the notice
of appeal filed 2 March 2004 should be reinstated.

DAVIES JA: I agree.

JERRARD JA: I agree.

DAVIES JA: The orders are as indicated by Justice Williams.

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