R v Matesa

[1992] QCA 264

COURT OF APPEAL [1992] QCA 264

MACROSSAN CJ
DAVIES JA

MCPHERSON JA

CA No 115 of 1992

THE QUEEN

v.

KARL JOSIP MATESA

(Appellant)

BRISBANE

..DATE 14/7/92

JUDGMENT

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JUDGMENT

THE CHIEF JUSTICE: This application is made to extend the time

within which leave should be granted to appeal against

sentence.

The applicant is a 16-year-old male, now almost 17. He was

sentenced to two years care and control and a recommendation
was made by the sentencing Magistrate that he spend 12 months
in custody. The sentence was imposed for some actions which

were extremely violent and caused injury to another young male person. The applicant was the subject of an order at the time the offences occurred.

His application for extension of time is just some few days out of time, but it seems that he chose to wait for the decision of the Westbrook review panel, which would examine

the Court's sentence. He adds that he did not know there was

any particular time for lodging his appeal against sentence.

He says he thought that he had some months to do it. However,

the fact is that he was out of time, and on the face of it,

there does not seem to be substance in his challenge to the

sentence imposed when one looks at the circumstances of
violence involved. The fact that he had prior convictions for
similar offences, the fact that he has reoffended previously
when placed under care and control and on the last occasion

that he had been dealt with he had been ordered to serve two

2

months in custody, are all circumstances which persuade me

that it is not appropriate to extend time in his case, and I

would refuse the application.

MCPHERSON JA: I agree.

DAVIES JA: I agree.

THE CHIEF JUSTICE: The application is refused.

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