R v. Pickup

[2009] QCA 194

[2009] QCA 194

COURT OF APPEAL

MCMURDO P
FRASER JA
WILSON J

Appeal No 127 of 2009
DC No 86 of 2008

THE QUEEN

v

STEVEN GEOFFREY PICKUP

BRISBANE

DATE 16/07/2009

ORDER

WILSON J:  On 21 April 2008 the applicant was sentenced to five years imprisonment for three counts of rape committed on 16 October 2005.  He was also ordered to serve 12 months of the balance of a suspended sentence previously imposed cumulatively upon the sentence for the rapes.  The sentencing judge fixed 21 April 2011 as the parole eligibility date.

By an application recently filed he seeks an extension of time for leave to appeal against sentence.  The applicant first filed an application for an extension of time to apply for leave to appeal against sentence on 29 May 2008.  On 1 July 2008 this court granted that application and the application for leave to appeal against sentence was listed for hearing on 28 August 2008.  In the interim the applicant filed an application for an extension of time within which to appeal against conviction.  Both applications were ultimately heard on 24 October 2008 and dismissed on 5 November 2008.

Fraser J gave reasons for dismissing the applications, with which the other members of the Court agreed.  He concluded that there was no substance in the applicant's contention that the sentences were excessive, much less that they were so unreasonably severe as to justify interference by this Court.

The grounds which the applicant now seeks to advance on a sentence appeal - that the non-parole period is manifestly excessive and that his counsel omitted to tender certain references at the hearing - were dealt with on the earlier leave application.

In all the circumstances, the present application should be dismissed.

THE PRESIDENT:  I agree.

FRASER JA:  I agree.

THE PRESIDENT:  The order is the application is dismissed.