SUPREME COURT OF QUEENSLAND
CITATION:
R v Quinn [2018] QCA 144
PARTIES:
R
v
QUINN, Kevin Douglas
(applicant)FILE NO/S:
CA No 287 of 2017
DC No 87 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
District Court at Maryborough – Date of Sentence: 28 November 2016 (Dearden DCJ)
DELIVERED ON:
29 June 2018
DELIVERED AT:
Brisbane
HEARING DATE:
12 June 2018
JUDGES:
Sofronoff P and Henry and Crow JJ
ORDERS:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – GENERAL PRINCIPLES – PROCEDURE – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where the applicant pleaded guilty to one count of maintaining a relationship with a child, three counts of indecent treatment of a child under 16, five counts of sodomy committed against a child and three counts of failing to comply with reporting obligations under the Child Protection (Offender Reporting) Act 2004 – where the applicant was sentenced to a head sentence of 10 years imprisonment for the maintaining count – where a serious violent offender declaration was made in respect of the maintaining count – where the applicant filed an application for an extension of time within which to seek leave to appeal against his sentence approximately a year out of time – where there is no satisfactory explanation for the delay – whether there is any basis upon which the applicant’s sentence could be interfered with
R v ZA; Ex parte Attorney-General (Qld)[2009] QCA 249, discussed
COUNSEL:
The applicant appeared on his own behalf
D Kovac for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: On 28 November 2016 the applicant pleaded guilty to one count of maintaining a relationship with a child, three counts of indecent treatment of a child under 16, five counts of sodomy committed against a child and three counts of failing to comply with reporting obligations under the Child Protection (Offender Reporting) Act 2004 (Qld). He was sentenced to 10 years imprisonment in respect of the maintaining count, two years imprisonment on the indecent treatment counts and five years imprisonment for each of the sodomy counts as well as two years imprisonment for each of his breaches of the Child Protection (Offender Reporting) Act 2004. The sentences were concurrent. A declaration that the applicant was a serious violent offender was made in respect of the maintaining charge. The learned sentencing judge made a declaration that the applicant had served 1,004 days of his term of imprisonment by reason of pre-sentence custody.
The applicant now seeks an extension of time within which to apply for leave to appeal against his sentence. The application was filed on 22 December 2017, almost a year out of time.
The applicant says that he lodged an appeal on 3 December 2016 to Legal Aid. There is no evidence to support this statement. There has been no other…
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- AGLC
- R v Quinn [2018] QCA 144
- Case
- [2018] QCA 144
- Decision Date
CaseChat Overview and Summary
The court examined the reasons provided by the appellant for the delay, finding that there was no satisfactory explanation. The court held that in the absence of an adequate explanation for the delay, the application for an extension of time should be refused. The court further determined that without a timely application for leave to appeal, there was no basis upon which the court could interfere with the sentence imposed. The appellant’s application for an extension of time was accordingly refused.
In summary, the court found that the appellant's application for an extension of time to appeal his sentence was without merit due to the lack of a satisfactory explanation for the delay. As a result, the application was dismissed, and no leave to appeal was granted. Consequently, the sentence imposed on the appellant remained unaffected by the court's decision.
Orders
Orders of the court
Application refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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