R v McKechnie

COURT OF APPEAL

[1996] QCA 315

THOMAS J
de JERSEY J

DOWSETT J

CA No 272 of 1996
THE QUEEN
v.

ANDRE McKECHNIEAppellant

BRISBANE
..DATE 19/08/96
190896 D.1 T4/BP M/T COA193/96
THOMAS J: This is an application to extend the time for lodging
a notice of appeal against conviction. The conviction was
recorded on 10 May 1996. The notice of appeal was dated 23 May
1996. It was received by the Registrar on 4 June 1996 within
time. Apparently the Registrar sent the notice of appeal back
to the prisoner because he had failed to delete the words in the
form "and against my sentence." The Registrar apparently took
the view that this was inappropriate in view of the mandatory
nature of a sentence for murder.

Leaving aside the question of the correctness of this course on the part of the Registrar, it may well be that the appeal was brought within time. In any event, by the time the prisoner had corrected it, it came back to the Registrar only a short period out of time.

In these respects, the respondent accepts that there was a genuine attempt to institute the appeal within time. Having regard to the seriousness of the matter, it seems that it is appropriate that time be extended to the date of the actual receipt of the amended notice of appeal by the Registrar.

There is pending an application for legal aid. It is noted that the grounds of appeal against conviction are lacking in particularity and those which appear to be the most important ones would require some verification to the extent that they allege impropriety on the part of his legal representatives and new evidence.

190896 D.1 T4/BP M/T COA193/96
However I say nothing about the grounds other than that they are
so far unverified and unsubstantiated. Leave should be extended

to the date I have mentioned.

de JERSEY J: I agree.

DOWSETT J: I agree.

THOMAS J: Order accordingly.

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CaseChat Overview and Summary

The appeal in this case concerns an application by Andre McKechnie to extend the time for lodging a notice of appeal against his conviction. The conviction was recorded on 10 May 1996, and the notice of appeal was dated 23 May 1996, received by the Registrar on 4 June 1996. The issue arose because the notice of appeal initially contained the phrase "and against my sentence," which the Registrar deemed inappropriate due to the mandatory nature of a sentence for murder. Consequently, the Registrar returned the notice of appeal, which was ultimately resubmitted shortly after the original deadline.

The primary legal issue before the court was whether the time for lodging the notice of appeal should be extended, given the circumstances of the delay. The Court of Appeal considered the matter in light of the genuine attempt to institute the appeal within the stipulated timeframe and the seriousness of the conviction. The court noted that, while the Registrar's actions might have contributed to the delay, the appellant had acted promptly in correcting the notice of appeal once it was returned.

In deciding the matter, the Court of Appeal concluded that it was appropriate to extend the time for lodging the notice of appeal to the date of the actual receipt of the amended notice by the Registrar. The court emphasised that the appeal grounds were lacking in particularity and required verification, particularly those alleging impropriety by legal representatives and the introduction of new evidence. Nevertheless, the Court of Appeal granted the application for an extension of time, recognising the appellant's prompt action in addressing the Registrar's concerns.

The final orders of the court were to extend the time for lodging the notice of appeal to the date of the actual receipt of the amended notice by the Registrar, thereby allowing the appeal process to proceed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established