R v Stephens

[2021] QCA 127

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 2017

DIVISION:

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, cited

COUNSEL:

The applicant appeared on his own behalf
D Kovac for the respondent

SOLICITORS:

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

1. 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…