R v Mam

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.