R v Steensen

[2003] QCA 344

SUPREME COURT OF QUEENSLAND

CITATION:	R v Steensen [2003] QCA 344
PARTIES:	R v STEENSEN, Michael Lenard (applicant)
FILE NO/S:	CA No 201 of 2003 SC No 108 of 2003
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension (Sentence)
ORIGINATING
COURT:	Supreme Court at Mackay
DELIVERED EX	7 August 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	7 August 2003
JUDGES:	McMurdo P, Jerrard JA and Muir J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	Application granted
CATCHWORDS:	CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – QUEENSLAND – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where applicant convicted of unlawful wounding and grievous bodily harm – where applicant sentenced to 5 years imprisonment – where applicant requires extension of time within which to apply for leave to appeal against sentence – whether the issues raised by the applicant warrants further investigation
COUNSEL:	The applicant appeared on his own behalf M J Copley for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT: This is an application for an extension of Court he has stated that after his sentence he had a mental breakdown because of his separation from his family and did not understand he only had one calendar month to lodge an application for leave to appeal. By the time he found out and made efforts to progress the matter he did not file this application until about six months late.

time within which to apply for leave to appeal against
sentence.

Whilst that explanation in its unsworn form is not entirely satisfactory, it does suggest that there may well have been grounds for the delay in this case. Significantly he has also

raised some matters that need further investigation, namely as
to whether the Judge was correct in all the circumstances in
imposing a serious violent offence declaration and whether the
sentence, bearing in mind the injuries actually received, was
manifestly excessive in all the circumstances.

It is impossible to determine those matters without a proper record and in the circumstances I am satisfied that this is a matter in which an extension of time should be given. I would grant the application.

JERRARD JA: I agree.

MUIR J: I agree.

THE PRESIDENT: That is the order of the Court, thank you.

... the transcript of the trial.

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