R v McDonald

Case [2000] WASCA 336


R -v- McDONALD [2000] WASCA 336



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 336
COURT OF CRIMINAL APPEAL
Case No:CCA:133/200015 SEPTEMBER 2000
Coram:PIDGEON J
WALLWORK J
PARKER J
8/11/00
12Judgment Part:1 of 1
Result: Extension of time to appeal refused
PDF Version
Parties:THE QUEEN
LISA MARY McDONALD

Catchwords:

Criminal law
Sentence
Manslaughter
3-1/2 years imprisonment suspended for 2 years
Crown appeal
Extension of time

Legislation:

Sentencing Act 1995, s 76(1)

Case References:

Bond v The Queen (1999) 74 ALJR 597
Dinsdale v The Queen [2000] HCA 54
Gavin v The Queen (1992) 6 WAR 195
Lowndes v The Queen (1999) 195 CLR 665
Narkle v The Queen, unreported; CCA SCt of WA; Library No 6108; 2 December 1985
Nicolakis v The Queen, unreported; CCA SCt of WA; Library No 7184; 30 June 1998
R v Allpass (1993) 72 A Crim R 561
R v Aloia [1983] WAR 133
R v Churchill [2000] WASCA 230
R v Clarke [1966] 2 VR 520
R v Grein [1989] WAR 178
R v Peterson [1984] WAR 329

Anderson v The Queen (1997) 92 A Crim R 348
Boyle v The Queen (1987) 34 A Crim R 202
Dao v The Queen, unreported; CCA SCt of WA; Library No 990015; 22 January 1999
Kauhanen v The Queen [1999] WASCA 14
O'Brien v Ritchie, unreported; CCA SCt of WA; Library No 990123; 17 March 1999
O'Gorman v The Queen, unreported; CCA SCt of WA; Library No 980744; 18 December 1998
R v Delaurentis, unreported; CCA SCt of WA; Library No 950052; 14 February 1995
R v Dickson, unreported; CCA SCt of WA; Library No 990203; 23 April 1999
R v Dinsdale, unreported; CCA SCt of WA; Library No 990021; 2 February 1998
R v Hallocoglu (1992) 29 NSWLR 67
R v Hodges [1999] WASCA 278
R v Marple, unreported; SCt of Vic; 27 April 1999
R v P (1992) 39 FCR 276
R v Partridge, unreported; FCA; 29 May 1998
R v Rushby (1977) 1 NSWLR 594
Rowe (1991) 52 A Crim R 1968
Thompson v The Queen (1999) 165 ALR 219

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- McDONALD [2000] WASCA 336 CORAM : PIDGEON J
    WALLWORK J
    PARKER J
HEARD : 15 SEPTEMBER 2000 DELIVERED : 8 NOVEMBER 2000 FILE NO/S : CCA 133 of 2000 BETWEEN : THE QUEEN
    Applicant

    AND

    LISA MARY McDONALD
    Respondent



Catchwords:

Criminal law - Sentence - Manslaughter - 3-1/2 years imprisonment suspended for 2 years - Crown appeal - Extension of time




Legislation:

Sentencing Act 1995, s 76(1)




Result:

Extension of time to appeal refused




(Page 2)

Representation:


Counsel:


    Applicant : Mr G T W Tannin & Mr F Sunderland
    Respondent : Mr S M Brennan


Solicitors:

    Applicant : State Crown Solicitor
    Respondent : Shane Michael Brennan


Case(s) referred to in judgment(s):

Bond v The Queen (1999) 74 ALJR 597

Continue reading R v McDonald

Sign in free to access the full text

Details
AGLC
R v McDonald [2000] WASCA 336
Case
[2000] WASCA 336
Decision Date

CaseChat Overview and Summary

The matter before the court was an appeal by the Crown against the sentence imposed on the respondent, McDonald, who was convicted of manslaughter. The primary issue before the court was whether the Crown's appeal against the sentence should be dismissed for being out of time. The respondent had been sentenced to 3-1/2 years imprisonment, suspended for two years, and the Crown sought to appeal this sentence as manifestly inadequate. The Crown's application for an extension of time to appeal was based on alleged late receipt of the sentencing remarks of the sentencing judge and the time taken to obtain legal advice.

The court considered the relevant provisions of the Criminal Appeal Act and noted that the Crown had not made an application for an extension of time within the prescribed period. The court further found that the Crown's delay in applying for an extension of time was not sufficiently explained, and that the late receipt of the sentencing remarks did not justify the delay. The court held that the Crown had failed to establish any exceptional circumstances that would warrant an extension of time, and accordingly dismissed the Crown's application for an extension of time to appeal. The appeal against the sentence was therefore dismissed.

Orders

Orders of the court

Extension of time to appeal refused

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.