R v Schuurs

[2000] QCA 72

[2000] QCA 72

COURT OF APPEAL

McMURDO P
DAVIES JA
MOYNIHAN J

CA No 403 of 1999

THE QUEEN

v.

SCHUURS, Clayton Cecil  Applicant

BRISBANE

DATE 15/03/2000

JUDGMENT

DAVIES JA:  The applicant was convicted on 14 October 1999 of unlawfully killing Michael Semyraha.  He was not, however, sentenced until 4 November.

His application for an extension of time was dated 3 December and was received by the Registry on that day.

He has sought to extend time in respect of an appeal against conviction and he also seeks leave to appeal against his sentence, the latter being within time.

His explanation for the delay was that upon his being sentenced he told his barrister and solicitor that he wished to appeal, but in fact the application or the appeal was lodged out of time for the conviction though, as I have said, within time for the application for leave to appeal against sentence.

His co-offender, Adrian Semyraha, has, in fact, appealed within time against his conviction.  So an appeal book will have been prepared in respect of that appeal.

Mr Winn for the respondent submits, nevertheless, that this application for extension should be refused on the basis that it has no reasonable prospects of success.

The sole ground of appeal at the moment is against the direction of the trial Judge in respect of self defence, and Mr Winn submits that there were no errors in the direction of the learned trial Judge in that respect.

Mr Winn's submission may well turn out to be correct, but in the circumstances that I have mentioned, that is that Mr Adrian Semyraha has appealed within time, that his appeal will be heard and that the matters will be fully ventilated in that appeal in any event.

I would grant the application for an extension of time until 3 December 1999.

THE PRESIDENT:  I agree.

MOYNIHAN J:  So, do I.

THE PRESIDENT:  I agree.  The order is as proposed by Justice Davies.

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