R v Robb

[1995] QCA 580

[1995] QCA 580

COURT OF APPEAL
MACROSSAN CJ
DAVIES JA

MACKENZIE J

CA No 340 of 1995
THE QUEEN
v.

CODY WARREN ROBB Applicant

BRISBANE
..DATE 04/10/95
THE CHIEF JUSTICE: The circumstances have been outlined in what
I have already said.

The applicant was quite fairly warned that he should attend to apply for any adjournment that he sought and advised of the consequence of not attending. Notwithstanding that, he has not attended. He has had adequate notice of the date for which the appeal has been set.

The Court has considered the substance so far as it emerges from the record book, and it appears that the sentence which was imposed is not, on the face of it, in any way excessive for the behaviour that was involved, rather, the contrary, it could be said. Perhaps the applicant's matter of concern is in respect of the order that the conviction be recorded but that also seems to have been a wholly appropriate order in view of the offence that had been committed and the penalty that was otherwise imposed.

However, we are concerned, really, with the application for adjournment communicated in writing and not yet acceded to and, in my opinion, that application should be refused.

DAVIES JA: I agree.

MACKENZIE J: I agree.

THE CHIEF JUSTICE: And then there being no attendance and the substance of the appeal standing, as I have already indicated,

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041095 T10/SA M/T COA95/294
in my opinion, the application for leave to appeal should be

refused.

DAVIES JA: I agree.

MACKENZIE J: I agree.

THE CHIEF JUSTICE: The application is refused.

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