SUPREME COURT OF QUEENSLAND
CITATION:
R v Namai [2014] QCA 213
PARTIES:
R
v
NAMAI, Ruth Irene
(applicant)FILE NO/S:
CA No 178 of 2014
DC No 256 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
District Court at Cairns
DELIVERED ON:
29 August 2014
DELIVERED AT:
Brisbane
HEARING DATE:
19 August 2014
JUDGES:
Holmes JA and Ann Lyons and Flanagan JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application for an extension of time refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant pleaded guilty to one count of unlawful wounding – where the applicant was sentenced to 30 months imprisonment with a parole release date set at 9 October 2014 – where the application for leave was filed almost seven months out of date – where no good reason explains the delay – where the applicant submits that the sentence is manifestly excessive because the parole release date should have been set at 9 August 2014 – whether the sentence imposed is manifestly excessive – whether an extension of time should be granted
R v Andrews[2012] QCA 266, considered
R v Baker[2012] QCA 237, distinguished
R v Friday[2005] QCA 440, consideredCOUNSEL:
J Sheridan for the applicant
B J Power for the respondentSOLICITORS:
Trent Kimpton Solicitors for the applicant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: I agree with the reasons of A Lyons J and the order she proposes.
ANN LYONS J:
The current application
On 9 December 2013 the applicant pleaded guilty to one count of unlawfully wounding her sister on 21 April 2012. The Crown subsequently entered a nolle prosequi in relation to the alternative charge of grievous bodily harm. The learned sentencing judge then sentenced the applicant to two and a half years imprisonment and fixed a parole release date of 9 October 2014 which was ten months after the date of sentence. The applicant had not served any time in pre-sentence custody.
Pursuant to an application filed on 4 July 2014, almost seven months after the date of sentence and almost three months from her parole release date, the applicant now applies for an extension of time within which to file her application for leave to appeal her sentence on the basis that it is manifestly excessive and that the parole release date should have been fixed after eight months in custody, that is at 9 August 2014.
In an affidavit filed in support of her application the applicant states that following her sentence she received written legal advice from her previous solicitors advising her of the sentence which had been imposed and indicating to her that if she wished to appeal that she had 28 days within which to do so. The applicant states that when she received the…
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- R v Namai [2014] QCA 213
- Case
- [2014] QCA 213
- Decision Date
CaseChat Overview and Summary
The court considered the criteria for assessing whether a sentence is manifestly excessive and whether there was a sufficient ground for an extension of time. The court noted that the sentence imposed was within the statutory maximum for the offence, and the applicant had not demonstrated that the sentence was manifestly excessive. The court also considered the reasons for the delay in filing the application for leave to appeal and found that there was no good reason for the delay. The court held that the sentence was not manifestly excessive and that there was no sufficient ground to grant an extension of time. The application for an extension of time was therefore refused.
The court's decision was based on a thorough analysis of the relevant law and principles. The court found that the sentence imposed was within the statutory maximum for the offence and that the applicant had not demonstrated that the sentence was manifestly excessive. The court also found that there was no good reason for the delay in filing the application for leave to appeal. The application for an extension of time was therefore refused, and the applicant's appeal was dismissed. This decision serves as a reminder that the courts will not tolerate undue delay in filing applications for leave to appeal and that the criteria for granting an extension of time are strict.
Orders
Orders of the court
Application for an extension of time refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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