R v Lewis

[2006] QCA 121

SUPREME COURT OF QUEENSLAND

CITATION:

R v Lewis [2006] QCA 121

PARTIES:

R
v
LEWIS, Russell Stanley
(applicant)

FILE NO/S:

CA No 325 of 2005
DC No 3 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Maryborough

DELIVERED ON:

21 April 2006

DELIVERED AT:

Brisbane

HEARING DATE:

17 March 2006

JUDGES:

McMurdo P, Fryberg and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – SENTENCE – where applicant seeks extension of time for leave to appeal against sentence – where applicant out of time – where no satisfactory reason adduced for delay – whether refusing application would result in a miscarriage of justice

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATION TO REDUCE SENTENCE – WHEN REFUSED – where applicant breached probation order by committing armed robbery – where applicant gave an early plea of guilty – where applicant resentenced to nine months’ imprisonment in respect of earlier offences and six years’ imprisonment for subsequent offence to be served concurrently – where serious violent offender declaration not made – whether  declaration could have been made at first instance – whether not making a serious violent offender declaration is adequate recognition of early guilty plea – whether serious violent offender declaration is part of a two-step or integrated sentencing process

R v Cowie [2005] QCA 223; CA No 42 of 2005, 24 June 2005, followed

R v Eveleigh [2002] QCA 219; [2003] 1 Qd R 398, followed R v Lund [2000] QCA 85; CA No 386 of 1999, 17 March 2000, considered

COUNSEL:

The applicant appeared on his own behalf
T A Fuller for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. cMURDO P: MThe applicant applies for an extension of time to apply for leave to appeal against sentence.  Fryberg J has fully set out the facts so that my reasons can be briefly stated. 

1. The applicant pleaded guilty in the Maryborough District Court on 2 February 2004 to one count of armed robbery on 9 September 2003.  That conviction meant that he had breached his probation order imposed on 14 May 2002 in the Maryborough District Court for the offences of arson, attempting to dishonestly obtain property from another and demanding property with threats for which he was sentenced to six months imprisonment and 30 months probation.  The primary judge sentenced him to six years imprisonment for the offence of armed robbery and, after discharging the orders made on 14 May 2002, ordered that he serve nine months concurrent imprisonment in respect of the earlier offences. The applicant now wishes to have an extension of time to contend that the sentences imposed on 2 February 2004 were…