SUPREME COURT OF QUEENSLAND
CITATION:
R v Nuttall [2013] QCA 219
PARTIES:
R
v
NUTTALL, Gordon Richard
(applicant)FILE NO:
CA No 82 of 2013
DC No 187 of 2010DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Conviction)
Miscellaneous Application – CriminalORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
9 August 2013
DELIVERED AT:
Brisbane
HEARING DATE:
30 July 2013
JUDGES:
Margaret McMurdo P and Fraser JA and Atkinson J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Application for leave to adduce further evidence is refused.
2. Application for an extension of time is refused.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the applicant was convicted of five counts of official corruption and five counts of perjury – where the respondent conceded the applicant’s affidavit adequately explained the delay – whether the interests of justice warrant the granting of the application
APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – POWERS OF COURT – FURTHER EVIDENCE – where the applicant sought to rely on affidavits from defence counsel and solicitor – where defence counsel at trial made a forensic tactical decision not to call a witness – where the applicant is bound by tactical decisions made at trial – where the evidence sought to be adduced would not have assisted the applicant – where the grounds of appeal showed no merit – whether the application to adduce further evidence should be granted
CRIMINAL LAW – PROCEDURE – PROSECUTION –POWERS AND DUTIES OF PROSECUTION – where the trial prosecutor complied with the duty to act fairly by warning defence about the way a defence witness would be cross-examined
R v Bathgate (1946) 46 SR (NSW) 281; [1946] NSWStRp 21, cited
R v GV[2006] QCA 394, cited
R v Lewis (2006) 163 A Crim R 169 ; [2006] QCA 121, applied
R v Nuttall; Ex parte Attorney-General [2011] 2 Qd R 328; [2011] QCA 120, related
Richardson v The Queen (1974) 131 CLR 116; [1974] HCA 19, cited
Subramanian v The Queen (2004) 79 ALJR 116; [2004] HCA 51, cited
R v Tait [1999] 2 Qd R 667 ; [1998] QCA 304, applied
TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46, appliedCOUNSEL:
The applicant appeared on his own behalf
W Sofronoff QC SG, with G P Cash, for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with Atkinson J's reasons for refusing both the application for leave to adduce further evidence and the application for an extension of time to appeal against conviction.
FRASER JA: I agree with the reasons for judgment of Atkinson J and the orders proposed by…
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- R v Nuttall [2013] QCA 219
- Case
- [2013] QCA 219
- Decision Date
CaseChat Overview and Summary
The legal issues in this case included whether the interests of justice warranted the granting of an extension of time to file the appeal and whether the application to adduce further evidence should be granted. The court found that the applicant's affidavit adequately explained the delay, but the interests of justice did not warrant the granting of the application. The court also found that the applicant was bound by tactical decisions made at trial and that the evidence sought to be adduced would not have assisted the applicant. The court further found that the grounds of appeal showed no merit.
The court considered the general principles as to the grant or refusal of an extension of time for an appeal, the powers of the court to allow further evidence, and the duty of the prosecution to act fairly. The court found that the applicant's affidavit adequately explained the delay, but the interests of justice did not warrant the granting of the application. The court also found that the applicant was bound by tactical decisions made at trial and that the evidence sought to be adduced would not have assisted the applicant. The court further found that the grounds of appeal showed no merit. Finally, the court found that the trial prosecutor complied with the duty to act fairly by warning defence about the way a defence witness would be cross-examined.
The final orders of the court were that the application for leave to adduce further evidence is refused and the application for an extension of time is refused.
Orders
Orders of the court
1. Application for leave to adduce further evidence is refused.
2. Application for an extension of time is 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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