SUPREME COURT OF QUEENSLAND
CITATION:
R v Richardson [2014] QCA 171
PARTIES:
R
v
RICHARDSON, Ronald James
(applicant)FILE NO/S:
CA No 94 of 2014
DC No 32 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
25 July 2014
DELIVERED AT:
Brisbane
HEARING DATE:
17 July 2014
JUDGES:
Margaret McMurdo P and Fraser and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Application refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICE OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant was sentenced after trial for the offence of fraud to four years imprisonment on 22 February 2013 – where the applicant filed a notice of appeal against conviction and an application for leave to appeal against sentence on 6 March 2013 – where at the hearing of the appeal the applicant’s counsel informed the Court the sentence application was not pursued – where the Court on 30 July 2013 refused the sentence application and dismissed the appeal against conviction on 30 August 2013 – where the applicant twice lodged an application to reopen his sentence pursuant to s 188(1)(c) of the Penalties and Sentences Act 1992 and both applications were refused for being out of time – where the applicant has not explained the delay – where the applicant says the decision not to pursue his sentence application at the earlier appeal was taken by counsel without his express written approval – where the applicant says the jury and learned sentencing judge were deceived about the extent of the fraud and its consequences – where the applicant’s proposed grounds of appeal are that his sentence is manifestly excessive and that he was sentenced on the wrong facts – whether the applicant has shown good reason to account for the delay – whether it is in the interests of justice for the applicant to be granted an extension of time to apply for leave to appeal against sentence
Criminal Code 1899 (Qld), s 668D
Penalties and Sentences Act 1992 (Qld), s 188(1)(c)Grierson v The King (1938) 60 CLR 431; [1938] HCA 45, considered
R v Eveleigh[2009] QCA 257, cited
R v Gasenzer[2013] QCA 9, cited
R v Griffin [1969] 2 NSWR 497, cited
R v Medway [1976] 2 WLR 528; [1976] QB 779, cited
R v Richardson[2013] QCA 241, related
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, applied
R v Upson(No 2)[2013] QCA 149, considered
R v Ward[2008] QCA 222, citedCOUNSEL:
The applicant appeared on his own behalf
T Fuller QC for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The applicant, Ronald James Richardson, was convicted on 22 February 2013 after a…
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- AGLC
- R v Richardson [2014] QCA 171
- Case
- [2014] QCA 171
- Decision Date
CaseChat Overview and Summary
The legal issues in this case are whether the applicant has shown good reason to account for the delay in applying for an extension of time to appeal against sentence, and whether it is in the interests of justice to grant the applicant an extension of time to apply for leave to appeal against sentence. The court must consider the relevant statutory provisions, including s 188(1)(c) of the Penalties and Sentences Act 1992, which allows for an application to be made to reopen a sentence if there is good reason to do so. The court must also consider the principles of justice and fairness in determining whether to grant an extension of time.
The court found that the applicant had not shown good reason to account for the delay in applying for an extension of time to appeal against sentence. The court noted that the applicant had not explained the delay and that the decision not to pursue the sentence application during the earlier appeal was made by counsel without the applicant's express written approval. The court also found that it was not in the interests of justice to grant the applicant an extension of time to apply for leave to appeal against sentence, as the applicant had not demonstrated any new evidence or argument that would warrant such an extension. The court emphasised the importance of timely applications for leave to appeal and the need for applicants to take responsibility for their own legal proceedings.
The court refused the applicant's application to extend the time for appealing against sentence. The court found that the applicant had not shown good reason to account for the delay in applying for an extension of time and that it was not in the interests of justice to grant such an extension. The court emphasised the importance of timely applications for leave to appeal and the need for applicants to take responsibility for their own legal proceedings.
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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