R v Smith

[1992] QCA 236

COURT OF APPEAL [1992] QCA 236

MACROSSAN CJ
DAVIES JA

McPHERSON JA

CA No 133 of 1992

THE QUEEN

v.

JASON THOMAS SMITH

(Appellant)

BRISBANE
..DATE 14/7/92

JUDGMENT JUDGMENT

THE CHIEF JUSTICE: An application is made to extend the time within which to appeal against sentence. The notice was lodged some week or two out of time. The explanation given

for the late lodgment is very sparse. The applicant, who

appears for himself, had filled in a form which says that he

had not been able to obtain the required papers to fill in,

but he was unable to explain clearly what that was about,

because he seems to say that papers where there at the

correctional centre where he was held. In any event, he is

out of time in lodging his application.

He was sentenced effectively to a four-year custodial term. question, 16 March of this year. The longest term to which he was sentenced, four years, was in respect of housebreaking. His previous criminal history would present a problem for him if he did have an appeal against sentence which he could

maintain. The summary placed before us shows that he had five
court appearances in less than four years; 20 of the offences
concerned dishonesty. Prior to the occasion with which we are
concerned he was imprisoned for three months, followed by two
years’ probation. Five of the offences which concern us,

including the one on which the four-year term was imposed,

were all committed after the applicant was released from and compelling circumstance which would persuade the Court to overlook the fact that he is simply out of time with his application and I would refuse the application for extension.

custody and while he was still on probation.

McPHERSON JA: I agree.

DAVIES JA: I agree.

THE CHIEF JUSTICE: The application is refused.

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