R v Melton

[2001] QCA 343

SUPREME COURT OF QUEENSLAND

CITATION:	R v Melton [2001] QCA 343
PARTIES:	R v MELTON, Kevin John (appellant/applicant)
FILE NO/S:	CA No 260 of 2000 DC No 2 of 2000
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Conviction - Further Order
ORIGINATING COURT:	District Court at Longreach
DELIVERED ON:	Judgment delivered 22 August 2001 Further Order delivered 14 September 2001
DELIVERED AT:	Brisbane
HEARING DATE:	14 August 2001
JUDGES:	Davies and Thomas JJA, Byrne J Further Order of the Court
FURTHER	Application for indemnity certificate pursuant to Appeal
ORDER:	Costs Fund Act refused
CATCHWORDS:	APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - QUEENSLAND - POWERS OF COURT - APPEAL COSTS FUND - Application by appellant for grant of an indemnity certificate under the Appeal Costs Fund Act 1973
Appeal Costs Fund Act 1973 (Qld), s 15(1), s 17
COUNSEL:	W J Cuthbert for appellant/applicant R G Martin for respondent
SOLICITORS:	Witheriff Nyst (Southport) for appellant/applicant Director of Public Prosecutions (Queensland) for respondent

1. THE COURT: This is an application by the appellant for the grant of an indemnity certificate pursuant to s 15(1) of the Appeal Costs Fund Act 1973. This Court cannot grant an indemnity certificate to the appellant pursuant to s 15(1); this section operates only in favour of a respondent. Nor would this Court be able to grant an indemnity certificate pursuant to s 17 should such an application be brought as the appellant could not satisfy the requirement contained in s 17(a) and s 17(b).

2. Accordingly we would refuse this application.