R v. Peisley

[2009] QCA 142

SUPREME COURT OF QUEENSLAND

CITATION:

R v Peisley [2009] QCA 142

PARTIES:

R
v
PEISLEY, Michael Anthony
(applicant)

FILE NO/S:

CA No 55 of 1999
DC No 449 of 2007
DC No 450 of 2007
DC No 452 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Southport

DELIVERED EX TEMPORE ON:

28 May 2009

DELIVERED AT:

Brisbane

HEARING DATE:

28 May 2009

JUDGES:

Holmes JA, McMurdo and Applegarth JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application for an extension of time for leave to appeal against sentence refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where applicant was convicted of fraud, burglary, robbery with personal violence, armed robbery, doing grievous bodily harm, and making a threat to cause injury – where applicant was sentenced to three terms of 12 months’ imprisonment, one term of three years’ imprisonment, one term of five years’ imprisonment, and one term of eight years’ imprisonment, to be served concurrently – where it was declared that the applicant had been convicted of a serious violent offence – where applicant claimed that during the sentencing hearing he had no understanding of proceedings due to heavy medication – where applicant applied for extension eight months out of time – whether an appeal would have any prospect of success – whether an extension of time should be granted

R v Dougherty and Doyle[1999] QCA 73, considered
R v Jones [2000] QCA 84, considered

COUNSEL:

The applicant appeared on his own behalf
M B Lehane for the respondent

SOLICITORS:

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

HOLMES JA:  I'll ask Justice McMurdo to give his reasons first.

McMURDO J:  The applicant wishes to apply for leave to appeal against sentences imposed on 4 June 2008.  To make that application he requires an extension of time.  His applications for leave to appeal and to extend time were filed on 16 March 2009. 

He is not legally represented.  In his application as filed, he claims that during the sentencing hearing, he was heavily medicated and did not have “an understanding of what was going on”.  He claims that now he is off that medication, he realises that his sentence is excessive and that he should apply for leave to appeal.

He was sentenced in the District Court at Southport, having pleaded guilty to numerous counts upon several indictments.  On the one indictment, there was a count of receiving and a count of fraud, for which he was sentenced to 12 months’ imprisonment on each.  On a second indictment, he was convicted of one count of burglary in company and one count of robbery in company with personal violence.  He was sentenced to three years’ imprisonment on each count.  On a third indictment, the respective counts and…