R v Knight

[2006] QCA 297

SUPREME COURT OF QUEENSLAND

CITATION:

R v Knight [2006] QCA 297

PARTIES:

R
v
KNIGHT, Todd John

(applicant)

FILE NO/S:

CA No 133 of 2006

DC No 3402 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

14 August 2006

DELIVERED AT:

Brisbane

HEARING DATE:

14 August 2006

JUDGES:

McMurdo P, Holmes JA and Dutney J

Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Application for extension of time to apply for leave to

    appeal against sentence is granted
2. Time to file the application is extended until 2 June 2006

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 applicant seeks an extension of time in which to apply for leave to appeal against his sentence although his application is a little less than one month out of time – where delay in filing the application was due to applicant's lawyers – where respondent does not oppose the application for extension of time – whether this Court should grant an extension of time

COUNSEL:

Applicant appeared on his own behalf

B G Campbell for respondent

SOLICITORS:

Applicant appeared on his own behalf

Director of Public Prosecutions (Queensland) for respondent

THE PRESIDENT:  This application is for an extension of time to apply for leave to appeal against sentence.  It is a little less than one month out of time.  It seems from enquiries made by the respondent that the delay in filing the application for leave to appeal against sentence was with the applicant's lawyers, not with the applicant.

In those circumstances the respondent very fairly does not oppose the application for an extension of time.  The merits of the application for leave to appeal against sentence cannot be determined until a full appeal record book is prepared. 

The Court in those circumstances extends time for the applicant to apply for leave to appeal against sentence until 2 June 2006, the day after he filed his application for leave to appeal against sentence.  That is the order of the Court.

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