SUPREME COURT OF QUEENSLAND
CITATION:
R v O’Hara [2015] QCA 283
PARTIES:
R
v
O’HARA, Michael John
(applicant)FILE NO/S:
CA No 63 of 2015
DC No 898 of 2011
DC No 602 of 2012
DC No 618 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence & Conviction)
ORIGINATING COURT:
District Court at Brisbane – Unreported, 20 April 2012DELIVERED ON:
18 December 2015
DELIVERED AT:
Brisbane
HEARING DATE:
28 September 2015
JUDGES:
Fraser and Gotterson and Philip McMurdo JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application be refused.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – RIGHT OF APPEAL – NATURE OF RIGHT – SCOPE AND EFFECT OF APPEAL – where the applicant sought an extension of time within which to appeal against his conviction and sentence on the basis that he was affected by a neurological disorder – where the applicant was convicted on his own pleas of guilty of two counts of fraud and two summary offences – where the Court of Appeal had refused an earlier application by the applicant for an extension of time to appeal against conviction after a full consideration of the merits of the proposed appeal – where the suggested basis of the present application was the same as that which was previously refused, namely that the applicant was suffering from episodes of “focal dyscognitive seizures” at the time he pleaded guilty and was therefore unfit to plead – where the character of the application was an impermissible attempt to relitigate a case which the court had conclusively determined – where the application was refused
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant sought an extension of time within which to appeal against his conviction and sentence on the basis that he was affected by a neurological disorder described as focal dyscognitive seizures which made him unfit to plead at the time he was sentenced and caused his failure to appeal within time – where the applicant’s case was the same as that which the Court of Appeal had previously rejected in an earlier application for an extension of time to appeal against conviction upon the same basis – application refused
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – POWER TO BRING APPEAL – GENERALLY – where the Court of Appeal had refused an earlier application by the applicant for an extension of time to appeal against conviction after a full consideration of the merits of the proposed appeal – where it was ultimately unnecessary to determine the jurisdictional question as to whether the court had jurisdiction to hear a second application for an extension of time in which to appeal
Criminal Code (Qld), s 668D
Grierson v The King (1938) 60 CLR 431; [1938] HCA 45, considered
Lowe v R [2015] NSWCCA 46
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- R v O'Hara [2015] QCA 283
- Case
- [2015] QCA 283
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the application for an extension of time to appeal should be granted, given that the applicant's grounds for appeal were the same as those previously rejected. The court also needed to determine whether it had jurisdiction to hear this second application for an extension of time. The court examined the evidence provided by the applicant, including medical reports and certificates, to assess whether there were reasonable prospects of success on appeal. The court found that the applicant had not presented sufficient new evidence to warrant a different outcome.
In its decision, the court concluded that the application should be refused. The reasoning was that the application was essentially a rehash of the arguments and evidence that had already been thoroughly considered and rejected by the Court of Appeal in 2014. The court found no new evidence that would change the previous conclusion that the applicant was not unfit to plead and did not adequately explain his failure to appeal within the prescribed time. The court also noted that it was unnecessary to determine the jurisdictional issue regarding the second application for an extension of time, as the application was bound to fail on its merits.
The final order of the court was to refuse the application for an extension of time to appeal against the conviction and sentence. This decision upheld the previous ruling of the Court of Appeal and reinforced the principle that parties cannot relitigate the same issues in successive applications without presenting new and compelling evidence.
Orders
Orders of the court
The application be refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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