R v Saltmarsh

[2006] QCA 484

SUPREME COURT OF QUEENSLAND

CITATION:	R v Saltmarsh [2006] QCA 484
PARTIES:	R v SALTMARSH, Tammy Cherie (applicant)
FILE NO/S:	CA No 267 of 2006 DC No 835 of 2006 DC No 1275 of 2006
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Sentence)
ORIGINATING  COURT:	District Court at Brisbane
DELIVERED
EXTEMPORE ON:	20 November 2006
DELIVERED AT:	Brisbane
HEARING DATE:	20 November 2006
JUDGES:	de Jersey CJ, Jerrard and Holmes JJA Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	That time be extended, as necessary, to regularise the applicant’s application for leave to appeal against sentence
CATCHWORDS:	APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – where a full record containing the transcript of the hearing before the primary judge was unavailable – where consideration of the merits of the sentence should only be examined in a full context – whether an extension of time should be granted
R v Smith [2005] QCA 26; CA No 380 of 2004, 14 February 2005, cited
COUNSEL:	P J Callaghan SC for the applicant B G Campbell for the respondent
SOLICITORS:	Callaghan Lawyers for the applicant Director of Public Prosecutions (Queensland) for the respondent

THE CHIEF JUSTICE: This is a case where the sentence should be examined with the benefit of a record book containing a transcript of the hearing before the primary Judge so that the sentence can be assessed, particularly, in the context of the Court of Appeal decision in Smith, Court of Appeal 380 of 2004. In short, if the applicant has an arguable case, it should be assessed on the basis of a full record. That warrants our making this order, which is made, that time be extended, as necessary, to regularise the applicant's application for leave to appeal against sentence.

JERRARD JA: I agree.

HOLMES JA: I agree.

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