R v Retchford

[2017] QCA 196

[2017] QCA 196

COURT OF APPEAL

SOFRONOFF P
MORRISON JA
FLANAGAN J

CA No 42 of 2017
DC No 110 of 2015

THE QUEEN

v

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.