R v Mam

Case [2005] QCA 323


SUPREME COURT OF QUEENSLAND

CITATION:

R v MAM [2005] QCA 323

PARTIES:

R
v
MAM
(applicant)

FILE NO/S:

CA No 118 of 2005
DC No 80 of 2003

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence & Conviction)

ORIGINATING COURT:

District Court at Cairns

DELIVERED EX TEMPORE ON:


30 August 2005

DELIVERED AT:

Brisbane

HEARING DATE:

30 August 2005

JUDGES:

McMurdo P, Keane JA and Fryberg J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for an extension of time to appeal against conviction and to apply for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANOUS MATTERS - QUEENSLAND - PROCEDURE - EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT - where applicant was convicted after trial of offences including maintaining an unlawful sexual relationship with a child under the age of 16, indecent dealing and procuring a child to commit an indecent act - where applicant sought an extension of time in which to appeal against his convictions - where the applicant had previously appealed to the Court of Appeal against his convictions - where that prior appeal had been disposed of on the merits - whether the Court of Appeal had jurisdiction to hear a further appeal against those same convictions

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION - MISCELLANOUS MATTERS -QUEENSLAND - PROCEDURE - EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT - where applicant had been sentenced to six years imprisonment for the commission of various sex offences - where these offences had been committed against his 12 year old stepdaughter and her 13 year old friend - where the applicant sought an extension of time in which to appeal against his sentence - where the application for an extension of time was lodged two and a half years after the sentence was imposed - whether the sentence imposed was so obviously excessive as to justify an extension of time in which to apply for leave to appeal against it

Criminal Code 1899 (Qld), s 229B, s 671, s 668D

Grierson v The King (1938) 60 CLR 431, applied

R v AP [2003] QCA 445; CA No 435 of 2002 and CA No 133 of 2003, 17 October 2003, cited

R v Tait [1998] QCA 304; [1999] 2 Qd R 667, applied

COUNSEL:

The applicant appeared on his own behalf
M J Copley for the respondent

SOLICITORS:

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

KEANE JA:  In March 2003 the applicant in this matter was convicted after a trial in the District Court in Cairns on the following counts:  one of maintaining an unlawful sexual relationship with a child under the age of 16, five…

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Details
AGLC
R v Mam [2005] QCA 323
Case
[2005] QCA 323
Decision Date

CaseChat Overview and Summary

The applicant, R, was convicted in the Supreme Court of Queensland of maintaining an unlawful sexual relationship with a child under the age of 16, indecent dealing, and procuring a child to commit an indecent act. The applicant sought an extension of time to appeal against his convictions, despite having previously appealed to the Court of Appeal against those same convictions. That prior appeal had been disposed of on the merits.

The legal issue before the Court of Appeal was whether it had jurisdiction to hear a further appeal against the same convictions, given that a prior appeal had already been heard and determined on the merits. The Court of Appeal held that it did not have jurisdiction to hear the application for an extension of time to appeal against the convictions, as the prior appeal had already been decided on the merits. The Court also held that the applicant's application to appeal against sentence was premature, as the applicant had not yet been sentenced.

The Court of Appeal found that the prior appeal had been heard and determined on the merits, and that the applicant had had a full opportunity to argue his case. The Court held that it was not appropriate to allow a further appeal against the same convictions, as this would be an abuse of process. The Court also found that the applicant's application to appeal against sentence was premature, as the applicant had not yet been sentenced.

The Court of Appeal refused the applicant's application for an extension of time to appeal against his convictions and to apply for leave to appeal against sentence.

Orders

Orders of the court

Application for an extension of time to appeal against conviction and to apply for leave to appeal against sentence refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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