R v Moore Summary | CaseChat AU

[2010] QCA 265

COURT OF APPEAL

McMURDO P
CULLINANE J
JONES J

CA No 182 of 2010
DC No 156 of 2010

THE QUEEN

DAVID ANTHONY MOORE Appellant

BRISBANE

DATE 05/10/2010

ORDER

JONES J: David Anthony Moore applies for an extension of time within which to appeal against sentences imposed on him in respect of six offences to which he pleaded guilty in the District Court at Brisbane on 22 June 2010.

He was sentenced to concurrent terms of imprisonment, the longest of which for five years' imprisonment.

The application seeking leave to appeal was filed on the 4th of August 2010 and was thus only 11 days out of time. In his application for extension of time the applicant does not expressly provide any reason for this delay.

The grounds upon which the applicant seeks leave to appeal assert that his legal team did not provide adequate information in relation to his case or explain to the Court why he committed "such terrible crimes". This ground is raised notwithstanding factors, counsel for the respondent informs us, two medical reports being placed before the learned sentencing Judge.

The learned sentencing Judge dealt in some detail with the matters going to litigation and sentence. On the admittedly limited material available the appeal does not have obvious prospects of success and the applicant will no doubt take further advice in relation to pursuing it, but given the short period of time for which the extension is sought and the lack of any prejudice to the Crown, the extension of time should in my view be granted.

THE PRESIDENT: I agree.

CULLINANE J: I also agree.

CaseChat Overview and Summary

David Anthony Moore has applied for an extension of time to appeal against the sentences imposed on him for six offences to which he pleaded guilty in the District Court at Brisbane on 22 June 2010. He was sentenced to concurrent terms of imprisonment, the longest of which was five years. Moore's application for an extension of time was filed on 4 August 2010, which was 11 days outside the usual time limit for such applications. Moore has not provided any reasons for the delay in his application. The grounds for appeal include the assertion that his legal team did not provide adequate information regarding his case or explain to the court why he committed "such terrible crimes".

The court was required to decide whether the extension of time should be granted, considering the short period for which the extension was sought and the lack of prejudice to the Crown. The learned sentencing Judge had dealt in detail with the matters going to litigation and sentence. On the limited material available, the appeal did not have obvious prospects of success, but Moore would likely seek further advice on pursuing it.

The Court of Appeal, presided over by McMurdo P, Cullinane J, and Jones J, found that given the short period for which the extension was sought and the lack of any prejudice to the Crown, the extension of time should be granted. McMurdo P, Cullinane J, and Jones J all agreed with this decision.

R v Moore

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