SUPREME COURT OF QUEENSLAND
CITATION:
R v Stephens [2021] QCA 127
PARTIES:
R
v
STEPHENS, John Jesse
(applicant)FILE NO/S:
CA No 19 of 2020
SC No 310 of 2017DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension of Time (Conviction)
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Conviction: 10 March 2017 (Lyons J)
DELIVERED ON:
8 June 2021
DELIVERED AT:
Brisbane
HEARING DATE:
9 September 2020
JUDGES:
Fraser and McMurdo JJA and Brown J
ORDERS:
1. The application for leave to adduce evidence is dismissed.
2. The application for an extension of time within which to appeal against conviction is dismissed.
CATCHWORDS:
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – where the applicant was found guilty by a jury of attempting unlawfully to kill his wife, with the circumstance of aggravation that the offence was a domestic violence offence – where the applicant filed an application for an extension of time to appeal against conviction and an application to adduce evidence – where the applicant would require an extension of about two years and nine months – whether there was a satisfactory explanation for the delay – whether refusing the applicant’s application would result in a miscarriage of justice and require the exercise of the discretion to extend time
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – POWERS OF COURT ON APPEAL – TO CONSIDER FRESH EVIDENCE – where the applicant made an application to adduce “fresh” evidence on appeal – where the applicant argued the “fresh” evidence was relevant to the complainant’s credibility – whether that evidence was fresh evidence
Criminal Code (Qld), s 23(1)(a)
Gallagher v The Queen (1986) 160 CLR 392; [1986] HCA 26, cited
Lawless v The Queen (1979) 142 CLR 659; [1979] HCA 49, cited
Mickelberg v The Queen (1989) 167 CLR 259; [1989] HCA 35, cited
R v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35, applied
R v Katsidis; Ex parteAttorney-General (Qld)[2005] QCA 229, cited
R v Spina[2012] QCA 179, cited
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited
R v VI[2013] QCA 218, cited
Ratten v The Queen (1974) 131 CLR 510; [1974] HCA 35, cited
Van Beelen v The Queen (2017) 262 CLR 565; [2017] HCA 48, citedCOUNSEL:
The applicant appeared on his own behalf
D Kovac for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: On 10 March 2017 the applicant was found guilty by a jury of attempting unlawfully to kill his wife, with the circumstance of aggravation that the offence was a domestic violence offence. On the same day the applicant was sentenced by the trial judge to imprisonment for 15 years. 937 days of pre-sentence custody were declared to be imprisonment already served…
Continue reading R v Stephens
Sign in free to access the full text
- AGLC
- R v Stephens [2021] QCA 127
- Case
- [2021] QCA 127
- Decision Date
CaseChat Overview and Summary
The court found that the applicant had not provided a satisfactory explanation for the delay in filing his application. The court was not persuaded that the refusal of the application would result in a miscarriage of justice. The applicant’s arguments concerning the “fresh” evidence to be adduced were also examined. The court determined that the evidence was not truly fresh as it had been available at the time of the trial and thus could not be considered on appeal.
The court dismissed both the application for leave to adduce evidence and the application for an extension of time within which to appeal against conviction. The reasoning was grounded in the lack of satisfactory explanation for the delay and the inadmissibility of the proffered evidence as fresh evidence.
ORDERS:
1. The application for leave to adduce evidence is dismissed.
2. The application for an extension of time within which to appeal against conviction is dismissed.
Orders
Orders of the court
1. The application for leave to adduce evidence is dismissed.
2. The application for an extension of time within which to appeal against conviction is dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.