R v Retchford

[2017] QCA 196

COURT OF APPEAL

SOFRONOFF P
MORRISON JA
FLANAGAN J

CA No 42 of 2017
DC No 110 of 2015

THE QUEEN

RETCHFORD, Noel Brendan Appellant/Applicant

BRISBANE

WEDNESDAY, 6 SEPTEMBER 2017

JUDGMENT

SOFRONOFF P: In this matter, the appellant/applicant was convicted and sentenced on the 10th of February 2017 in the Mount Isa District Court. A notice of appeal and an application for leave to appeal against sentence were filed on his behalf on the 9th of March 2017. On the 13th of July 2017, the registry caused the appeal record book and the usual accompanying documents concerning the impending listing of the matter to be sent by registered post to the Townsville Correctional Centre where the appellant was incarcerated. On the 11th of August 2017, the Deputy Registrar had a conversation with the appellant. The appellant informed the Registrar that he wanted to abandon his appeal.

On the 15th of August 2017, Form 30 and a covering letter was emailed to the appellant at the correctional centre. A couple of weeks later, on 31 August 2017, authorities at the Townsville Correctional Centre confirmed that that correspondence had been provided to the appellant prior to his release from custody on the 16th of August 2017. Thereafter, despite attempts to contact him through the Townsville Correctional Centre and the mobile telephone number that the appellant had submitted for his correctional file, he was unable to be located. No outline has been submitted by him or on his behalf to support the appeal. There has been no word from him.

In these circumstances, I would dismiss the appeal for want of prosecution. I would do so not just because the appellant has been incommunicado for the period since the conversation with the Registrar on the 11th of August 2017. I would do so also because he evinced an intention to abandon his appeal.

MORRISON JA: I agree.

FLANAGAN J: I agree.

SOFRONOFF P: The order of the Court is that the appeal is dismissed and the application for leave to appeal is refused.

CaseChat Overview and Summary

The Court of Appeal heard an appeal by Noel Brendan Retchford against his conviction and sentence imposed by the Mount Isa District Court. The appellant had been convicted and sentenced on February 10, 2017, and filed a notice of appeal and application for leave to appeal against the sentence on March 9, 2017. The appeal record book and related documents were sent to the Townsville Correctional Centre where the appellant was incarcerated on July 13, 2017. The appellant informed the Deputy Registrar on August 11, 2017, that he wished to abandon his appeal. Despite attempts to contact him, the appellant was unable to be located after his release from custody on August 16, 2017, and no outline or communication has been received from him to support the appeal.

The legal issue before the Court of Appeal was whether the appeal should proceed or be dismissed due to the appellant's abandonment of the appeal and subsequent incommunicado status. The Court considered the appellant's expressed intention to abandon his appeal and his failure to respond to communications and submit an outline in support of the appeal. The Court was satisfied that the appellant's actions demonstrated a clear intention to abandon the appeal and that there was no basis to proceed with the appeal. The Court found that the appeal should be dismissed for want of prosecution.

The Court of Appeal unanimously agreed that the appeal should be dismissed for want of prosecution. President Sofronoff, Justice Morrison, and Justice Flanagan all concurred in the decision. The appellant's abandonment of the appeal, coupled with his subsequent inability to be located, provided sufficient grounds for the Court to dismiss the appeal. No further action would be taken on the appeal or the application for leave to appeal against sentence. The Court's order was that the appeal is dismissed and the application for leave to appeal is refused.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established