R v McKechnie

[1996] QCA 315

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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