R v Sheppard

SUPREME COURT OF QUEENSLAND

CITATION:

R v Sheppard [2004] QCA 252

PARTIES:

R
v
SHEPPARD, Christopher James
(applicant)

FILE NO/S:

CA No 95 of 2004
DC No 241 of 2004
DC No 486 of 2004

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Conviction)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

26 July 2004

DELIVERED AT:

Brisbane

HEARING DATE:

26 July 2004

JUDGES:

McPherson and Williams JJA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. Application for extension of time granted
2. Extend time for filing the notice of appeal against conviction to 13 April 2004

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where applicant convicted of armed robbery – where sentenced on different day – where solicitors overlooked the fact that time for appealing conviction ran from the earlier date – whether extension of time within which to file notice of appeal against conviction should be granted

COUNSEL:

A Entriken for the applicant
R G Martin for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent

WILLIAMS JA: In this matter, the applicant was convicted of armed robbery after a trial on 5 March 2004 but he was not sentenced until 12 March 2004. His instructions at all times were that he wished to appeal against conviction. Unfortunately, his solicitors overlooked the fact that the time for appealing it with respect to the conviction ran from 5 March and not 12 March.

Notices of appeal against conviction and application for leave to appeal against sentence were filed on 13 April 2004. The applicant seeks an extension of time to validate the notice of appeal against the conviction and the Crown consents to such an order being made.

In the circumstances, there should be an order extending time for filing the notice of appeal against conviction to 13 April 2004.

McPHERSON JA: Yes, I agree with those orders.

MACKENZIE J: I agree.

McPHERSON JA: And the orders will be as they have been stated by Justice Williams.

‑‑‑‑‑

CaseChat Overview and Summary

In the matter of R v Sheppard, the applicant, a convicted individual, sought to appeal against his conviction and sentence for armed robbery. The case was heard in the Supreme Court of Queensland. The primary dispute revolved around the applicant's late filing of the notice of appeal against his conviction, which was due to an oversight by the applicant's solicitors who failed to account for the sentence being passed on a date separate from the conviction.

The central legal issue before the court was whether the applicant should be granted an extension of time to file his notice of appeal against his conviction. This was predicated on the argument that the applicant's solicitors had mistakenly calculated the appeal period from the date of the sentence, rather than the earlier date of conviction.

The court, in its reasoning, acknowledged the applicant's oversight and the apparent diligence of his legal representatives. It was noted that the applicant had acted promptly upon discovering the error and that there was no evidence suggesting any misconduct or neglect on the part of the applicant or his solicitors. The court was satisfied that the applicant had a strong prospect of success on appeal and that the public interest would be served by allowing the appeal. Consequently, the court granted the application for an extension of time, thereby permitting the applicant to file his notice of appeal against conviction by 13 April 2004.

Orders of the court

1. Application for extension of time granted

2. Extend time for filing the notice of appeal against conviction to 13 April 2004

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	R v Sheppard [2004] QCA 252
PARTIES:	R v SHEPPARD, Christopher James (applicant)
FILE NO/S:	CA No 95 of 2004 DC No 241 of 2004 DC No 486 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Conviction)
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	26 July 2004
DELIVERED AT:	Brisbane
HEARING DATE:	26 July 2004
JUDGES:	McPherson and Williams JJA and Mackenzie J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. Application for extension of time granted 2. Extend time for filing the notice of appeal against conviction to 13 April 2004
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – MISCELLANEOUS MATTERS – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where applicant convicted of armed robbery – where sentenced on different day – where solicitors overlooked the fact that time for appealing conviction ran from the earlier date – whether extension of time within which to file notice of appeal against conviction should be granted
COUNSEL:	A Entriken for the applicant R G Martin for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent