R v Kalotai

[1992] QCA 328

COURT OF APPEAL [1992] QCA 328

MACROSSAN CJ McPHERSON JA AMBROSE J

CA No 203 of 1992

THE QUEEN

v.

SHAWN VINCENT KALOTAI	Applicant
BRISBANE ..DATE 17/08/92
JUDGMENT

170892
THE CHIEF JUSTICE: The applicant applies for leave to appeal against his conviction and he
does so about two months out of time. He was represented at the trial and found guilty of assault
occasioning bodily harm while in company and also of assault occasioning bodily harm whilst in
company and whilst armed. He applied for leave to appeal against the effective sentence of three
years which was imposed upon him, and on 2 June this year the Court of Appeal refused him
leave to appeal against sentence. Then a little over a month later, he has applied for extension of
time so that he can appeal against his conviction. Having been represented both at the trial and
on the first application for leave to appeal, he would obviously have difficulty with the present
application. On the face of things it seems fair to say that the Crown case against him looks as
though it was strong but we do not have to investigate that matter further.

The question is whether he has shown special circumstances for granting leave. In my opinion, none is shown. The reference to change of intention will not make it out and the suggestions which he makes of confusion concerning his right to appeal against conviction at the same time as or before the sentence appeal and the failure of legal advisers to follow instructions or deal with the matter correctly are not convincing and are not satisfactorily established. I think there are no special circumstances shown and the application has to be refused.

McPHERSON JA: I agree.

AMBROSE J: I agree.

THE CHIEF JUSTICE: The application is refused.

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