R v Lee

[2001] QCA 298

[2001] QCA 298

COURT OF APPEAL

de JERSEY CJ
THOMAS JA
WILLIAMS JA

CA No 39 of 2001

THE QUEEN

v.

KEVIN JOHN LEE

BRISBANE

..DATE 25/07/2001

ORDER

THE CHIEF JUSTICE:  The applicant who is not legally represented has sought leave to appeal against sentences imposed upon him in the District Court on 12 February 2001. When the matter was called on this morning, he indicated that he wished to abandon his application.  The application will therefore be dismissed.

Mr Kelly who appears for the Crown drew our attention to the circumstance that on 14 March 2000 in the Magistrates Court at Ipswich, the applicant was subjected to a term of imprisonment of nine months, suspended for two years, which was activated by the learned District Court judge on
12 February 2001 on the basis that the applicant serve that period of nine months imprisonment precedent to the two years' imprisonment effectively imposed by the learned judge in respect of the applicant's subsequent offending.

He was also then on 14 March 2000 in the Ipswich Magistrates Court placed on probation for 12 months in respect of other offences.  Mr Kelly raised the arguable inappropriateness of an order for probation being imposed perhaps concurrently with an order for suspended imprisonment.  We are not in a position to determine precisely the circumstances in which matters proceeded in the Magistrates Court on 14 March 2000.  In fact the 12 months period of probation has expired. 

It may be that any arguable discrepancy has no practical ramification.  But so that the matter might regularly be explored in the interests of the prisoner, we will ask the Crown to refer the matter to the Legal Aid Office so that some inquiry may be made on the basis further that having made that inquiry, the Legal Aid Office will then advise the prisoner of the ultimate position uncovered.

THOMAS JA:  I agree.

WILLIAMS JA:  I agree.

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