R v Pavicic

COURT OF APPEAL	[2005] QCA 98
WILLIAMS JA KEANE JA PHILIPPIDES J
CA No 14 of 2005
THE QUEEN
v.
JOHN IVAN PAVICIC	Applicant
BRISBANE ..DATE 07/04/2005
JUDGMENT
APPLICANT conducted his own case

MR D MEREDITH (instructed by Director of Public Prosecutions
(Queensland)) for the respondent

WILLIAMS JA: This is an application for an extension of time to appeal against sentence. The applicant was sentenced on the 9th of December 2004. It does appear that he intended to appeal within time and took steps to do so, but because of some errors that was not achieved. The documents, including the notice of application for leave to appeal against

sentence, were, in fact, filed on the 28th of January 2005,
something less than three weeks out of time.

The Court has had regard to the material filed in support of the application for an extension of time and has also had regard to certain material which was placed before the sentencing Judge and sealed. The sentences imposed were imposed against the background of co-operation with the authorities and in the circumstances the Court is satisfied that there are matters justifying the Court reviewing the sentence on an application for leave to appeal against sentence when all relevant material will be available.

In the circumstances there will be an extension of time granted until the 28th of January 2005 for the lodging of the application for leave to appeal against sentence, and that will be the order of the Court.

KEANE JA: I agree.

PHILIPPIDES J: I agree.

WILLIAMS JA: The order will be as I indicated.

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CaseChat Overview and Summary

In the case of R v Pavicic, the applicant sought an extension of time to appeal against the sentence imposed upon him. The applicant, John Ivan Pavicic, was sentenced on 9 December 2004, and he intended to appeal within the prescribed time, but due to some errors, the necessary documents were not filed on time. The application for an extension of time was filed on 28 January 2005, which was less than three weeks after the deadline.

The legal issue before the Court of Appeal was whether the applicant was entitled to an extension of time to appeal against the sentence imposed. The Court considered the material filed in support of the application, as well as certain sealed material that was before the sentencing judge. The Court also took into account the applicant's cooperation with the authorities. The Court of Appeal was satisfied that there were matters justifying the Court reviewing the sentence on an application for leave to appeal against sentence, when all relevant material would be available.

The Court of Appeal granted an extension of time until 28 January 2005 for the lodging of the application for leave to appeal against sentence. Justice Williams delivered the judgment of the Court, with Justices Keane and Philippides concurring. The order of the Court was that the applicant would be granted an extension of time to file the application for leave to appeal against sentence.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established