R v Knight Summary | CaseChat AU

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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CaseChat Overview and Summary

The applicant in this case sought an extension of time to apply for leave to appeal against his sentence. The appeal was against the sentence, not the conviction. The application for the extension of time was made in the Queensland Court of Appeal. The respondent did not oppose the application, but the Court needed to consider whether it should grant the extension as the application was a little less than one month out of time. The delay in filing the application was due to the applicant's lawyers.

The central legal issue before the Court was whether the application for the extension of time should be granted, given that it was a little less than one month out of time. The Court had to consider the delay in filing the application, which was due to the applicant's lawyers. The Court had to determine whether it should grant the extension of time despite the delay and the opposition to the application.

The Court considered the provisions of the Criminal Appeal and New Trial and Inquiry After Conviction Act 1985 (Qld) and relevant case law. The Court noted that the delay in filing the application was due to the applicant's lawyers and the respondent did not oppose the application. The Court concluded that it was appropriate to grant the extension of time in this case. The Court found that the delay was not significant and the respondent did not oppose the application. The Court granted the extension of time and ordered that the time to file the application was extended until 2 June 2006.

Orders of the court

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

R v Knight

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 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