R v O'Hara

[2014] QCA 257

SUPREME COURT OF QUEENSLAND

CITATION:

R v O’Hara [2014] QCA 257

PARTIES:

R
v
O’HARA, Michael John
(applicant)

FILE NO/S:

CA No 99 of 2013
DC No 898 of 2011
DC No 602 of 2012
DC No 618 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Conviction)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

10 October 2014

DELIVERED AT:

Brisbane

HEARING DATE:

21 August 2014

JUDGES:

Muir and Gotterson JJA and Ann Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.  The application for an extension of time is refused.

2.  The application to file further material is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant pleaded guilty in the District Court to two separate indictments for fraud – where the applicant now claims that there has been a miscarriage of justice because the applicant may have had a psychiatric defence – where the applicant claims that his mental illness precluded him from filing his sentence appeal within the specified time frame

Meissner v The Queen (1995) 184 CLR 132; [1995] HCA 41, cited

COUNSEL:

The applicant appeared on his own behalf
P J McCarthy for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

1. MUIR JA:  I agree that the applications should be refused for the reasons given by Ann Lyons J.

1. GOTTERSON JA:  I agree with the orders proposed by Ann Lyons J and with the reasons given by her Honour.

1. ANN LYONS J:

The current application

1. On 20 April 2012 the applicant was convicted on his own pleas of guilty in the District Court at Brisbane of two counts of fraud on two separate indictments.  The first indictment, indictment number 898 of 2011 related to period of fraud between 21 June 2005 and 23 September 2006 and the second indictment, indictment number 602 of 2012 related to a three year period of fraud between May 2007 and June 2010.  The applicant also pleaded guilty to two summary offences, namely possession of weapons and possession of tainted property.  The learned sentencing judge noted that the combined total loss caused by the two frauds was $2.2 million dollars.

1. The sentencing judge specifically acknowledged that the applicant suffered from a delusional disorder which had impaired his judgment and moral reasoning:

“Numerous psychiatrists have assessed you. According to the weight of evidence, you suffer from delusional disorder with grandiose features. You believe that your family was persecuted by Hitler and that you were a child refugee. The assumption of the psychiatrists is that this is untrue. I do not know the evidence that leads them to that conclusion. You continue to press those details in your background and I do not know whether it is true or not but I accept that you believe it to be…