R v Murray

[2000] QCA 298

[2000] QCA 298

COURT OF APPEAL

de JERSEY CJ
McPHERSON JA

MULLINS J

CA No 122 of 2000

THE QUEEN

v.

DENNIS JAMES MURRAY Appellant

BRISBANE
..DATE 26/07/2000
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THE CHIEF JUSTICE: The applicant seeks an extension of time
within which to apply for leave to appeal against his
conviction and sentence. He pleaded guilty to armed robbery
while in company and was sentenced to six year's imprisonment
with parole eligibility recommended after two years. There
were other offences to which he pleaded guilty:

Breaking and entering a dwelling

house with intent: 12 months concurrent;

Stealing:  nine months concurrent;

Unlawful use of a

motor v ehicle: 12 months concurrent;

Stealing:	six months concurrent;
Fraud:	six months concurrent; and

Obstructing the police: three months concurrent.

He had a substantial relevant prior criminal history.

...

THE CHIEF JUSTICE: The applicant seeks to withdraw from the
pleas of guilty on the basis that his counsel, Mr Lynch,
wrongly induced him to plead guilty on the basis that he had no

alternative but to plead guilty.

The difficulty attending that claim, which the applicant
apparently referred to the Bar Association which has refuted
the claim following an apparent investigation, is that the
applicant admits that he was involved in the robbery. He says
in his written material, albeit without particulars, that his
involvement was minor, which is at odds with the extent of his
role as described to and found by the sentencing Judge, but it
26072000 T11/IRK13 M/T COA187/2000
is significant for present purposes, in context of the
application to withdraw the pleas, that he admits, in effect,
having carried out the offence.
The applicant particularly complains of certain aspects of the
sentencing Judge's approach in his written material. The Judge
refers, for example, to the applicant having refused to be
interviewed by the police but going on to deny the charge. The
applicant made the point in writing that he was not cautioned.
The Judge referred to that denial, however, only in so far as
it bore on the issue of cooperation with the authorities, a

matter which was relevant in the sentencing process.

The applicant also complained of the sentencing for the offence
of obstructing the police. The applicant ran off when
challenged and was subsequently wrestled to the ground but says
that he acted in this way only under the influence of alcohol
and drugs and did not intend not to cooperate. The matter is
without present real significance because the penalty was a

concurrent three months.

Before us, orally here today, the applicant gave accounts of
his involvement in some of the other offences to which I
referred at the outset which he would say involved his not
having committed the offences charged but which did show
involvement in offences of that character albeit perhaps in a
slightly different way from the way alleged by the prosecution
before the sentencing Judge.
26072000 T11/IRK13 M/T COA187/2000
The applicant should have lodged an appeal and application in
relation to sentence in early April 1999. He lodged this
application for extension of time as late April 2000. The
delay is explained apparently partly by dislocations in
communications within the gaol system and as well by his having

pursued the matter by way of complaint against Mr Lynch with

the Bar Association, which he was certainly entitled to do, but
which rather distracted him from the procedure he should have
been following which was application within this Court's

system.

The sentence imposed for the armed robbery was amply justified
on the facts as presented to the learned Judge. Especially with
the admission of involvement in the offence, the interests of
justice would not warrant our taking an approach today which
would facilitate a review of the decision to plead guilty.
Adding in the extent of the delay, the application for

extension of time should, in my view, be refused.

McPHERSON JA: I agree.

MULLINS J: I agree.

THE CHIEF JUSTICE: The application is refused.

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