THE PRESIDENT: The applicant, Ms McIntyre, has in her outline given some explanation for the delay although it does not seem to be in sworn form. The delay is not significant. As to the merits of any application for leave to appeal against sentence, it is not possible to judge this matter without a full record prepared.

In the circumstances, it seems appropriate that this Court extend the time for filing the application for leave to appeal until today. And that is the order I propose.

DAVIES JA: I agree.

THOMAS JA: I agree.

THE PRESIDENT: Yes. That is the order. So you have got your extension. You should now apply for legal aid as quickly as possible.

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2 ORDER

Details

AGLC: R v McIntyre [2001] QCA 235
Case: [2001] QCA 235
Decision Date: 18/06/2001

CaseChat Overview and Summary

The case of R v McIntyre involved the defendant, Lesley McIntyre, who was convicted and sentenced by the Supreme Court of Queensland. The nature of the dispute was an appeal against the sentence imposed on McIntyre, who had been found guilty of various criminal charges. The case was heard in the Court of Appeal, with McMurdo P, Thomas J, and Davies JA presiding over the appeal.

The legal issues that the Court of Appeal was required to decide included whether the sentence imposed on McIntyre was excessive or otherwise unjust, and whether the appeal against the sentence should be granted. The Court was also required to consider whether any delay in filing the application for leave to appeal should be excused, and whether the applicant should be granted an extension of time to file the application.

The Court of Appeal found that the delay in filing the application for leave to appeal was not significant, and that it was appropriate to extend the time for filing the application. The Court also found that it was not possible to judge the merits of the appeal without a full record prepared, and that the applicant should apply for legal aid as quickly as possible. The Court did not find any error in the sentence imposed on McIntyre, and therefore dismissed the appeal against sentence.

The final orders of the Court of Appeal were that the time for filing the application for leave to appeal be extended, and that the applicant should apply for legal aid as soon as possible. The Court did not make any other orders in relation to the appeal against sentence.

Orders