R v Ogle

[1997] QCA 166

[1997] QCA 166

COURT OF APPEAL
McPHERSON JA
MOYNIHAN J

de JERSEY J

CA No 130 of 1997
THE QUEEN
v.

ROBERT THOMAS OGLEApplicant

BRISBANE
..DATE 30/05/97
300597 T10/RB28 M/T COA112/97
McPHERSON JA: This is an application for an extension of time
within which to appeal against conviction and also sentence.
The applicant was sentenced to imprisonment for seven years for
an armed robbery committed, with a companion, against persons in
a chemist shop. A shotgun was wielded and those present in the
chemist shop were menaced with it.

We have heard from the applicant himself about the circumstances of his conviction; and it appears to me quite plainly that all he is concerned to obtain now is legal advice which will enable him, he hopes, to discover a ground of appeal which at present he has no idea of. That is not the kind of case with which we attempt to deal on applications of this kind. We must, before we extend the time within which to appeal against the conviction, be satisfied that there is some merit in the application or in the appeal as it will be if leave is granted.

I see no merit in this application. Nothing in the way of material has been put before us which would enable us, even if we were minded to extend time, to say that there is any prospect of success in the appeal if the application were allowed. I would therefore refuse the application to extend time.

MOYNIHAN J: So would I. I would simply add that there is no prospect of a successful appeal against the sentence even allowing for it being accumulated to 10 years because of the operation of an earlier sentence.

de JERSEY J: I agree.
300597 T10/RB28 M/T COA112/97
McPHERSON JA: Yes. The order is as I have stated it. The
application to extend time is refused.

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