R v Smith

[1994] QCA 562COURT OF APPEAL

MACROSSAN CJ
PINCUS JA
DOWSETT J

CA No 432 of 1994

THE QUEEN

BRUCE ANTHONY SMITH Applicant

BRISBANE

..DATE 16/11/94

JUDGMENT

THE CHIEF JUSTICE: The application before us at this moment is one by Bruce Anthony Smith asking for an appeal against conviction to be dealt with or leave for such an appeal to be considered, and on the face of it also for the sentence imposed to be considered.

The difficulty in the way of the application is that the applicant has really exhausted his remedies and no ground has been shown on which the Court can accede to his request. He was originally found guilty by a Magistrate and ordered to serve a period of probation and to perform certain community service. That was in February of 1992. He was dealt with in February 1993 in breach proceedings and ordered to pay a fine.

He has twice been before the Court of Appeal in June of 1992, and again in May of 1993. Certain relief was extended to him in respect of the sentence, but the position is that the other orders remain. No reason has been shown, notwithstanding Mr Smith's assertion that he was wrongly convicted, for this Court to undertake an examination of the correctness of that assertion. It is, as I say, a simple case to this extent that his remedies have been pursued and are presently exhausted.

There is not then a situation where this Court can either undertake any further appeal against conviction, although Mr Smith urgently presses for it, or examine the correctness of the proceedings which have, up to this point, taken place. Such application, as is before us at the moment, whatever its true character, in my opinion should be refused.

PINCUS JA: I agree.

DOWSETT J: I also agree.

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CaseChat Overview and Summary

In the matter of R v Smith, the Court of Appeal was asked to consider an application by Bruce Anthony Smith seeking to appeal his conviction and sentence. Smith had been found guilty by a Magistrate in February 1992, and was ordered to serve a period of probation and perform community service. He was later dealt with in breach proceedings in February 1993, and ordered to pay a fine. Smith had already twice appeared before the Court of Appeal in relation to the matter, and no new grounds were presented to justify further review.

The legal issue before the Court was whether Smith's application should be allowed, given that he had already exhausted his remedies. The Court noted that Smith had been found guilty after a trial, and had already had his conviction and sentence reviewed twice by the Court of Appeal. The Court held that there were no new grounds for appeal, and that Smith's application should be refused.

Macrossan CJ, Pincus JA, and Dowsett J were in agreement that Smith's application should be refused. The Court found that Smith had already pursued all available remedies, and that there was no basis for the Court to undertake a further examination of the correctness of his conviction. The Court held that Smith's application should be dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established