SUPREME COURT OF QUEENSLAND
CITATION:
R v Suey [2009] QCA 261
PARTIES:
R
v
SUEY, William John
(applicant)FILE NO/S:
CA No 102 of 2009
DC No 1161 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Conviction)
Sentence ApplicationORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
4 September 2009
DELIVERED AT:
Brisbane
HEARING DATE:
27 August 2009
JUDGES:
Keane and Chesterman JJA and P Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The application for an extension of time within which to appeal against conviction and sentence is refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant has applied for an extension of time in which to appeal against his conviction – where the applicant submits the conviction is unsafe and unsatisfactory – whether the learned trial judge’s summing-up caused the trial to miscarry – whether the outcome of the trial was irrational
CRIMINAL LAW – SENTENCE – APPEAL AND NEW TRIAL – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant has applied for leave to appeal against his sentence – where the applicant claims his sentence was manifestly excessive in all the circumstances – where there was delay in bringing the application to appeal against sentence – where the applicant submits he was unwell at the time of his apprehension and was thereby delayed – whether the submission is without substance – whether the refusal of the extension would result in a miscarriage of justice – where the application for an extension of time within which to appeal against conviction is refused
CRIMINAL LAW – APPEAL AND NEW TRIAL –PROCEDURE – ADJOURNMENT, STAY OF PROCEEDINGS OR ORDER RESTRAINING PROCEEDINGS – ADJOURNMENT – GROUNDS FOR GRANTING OR REFUSING – OTHER MATTERS – where the applicant sought an adjournment of his appeal – where the adjournment was refused on the basis that an adjournment would not improve the applicant’s ability to make submissions
Criminal Code 1899 (Qld), s 568
R v Haddad [2001] QCA 171, considered
R v Herricane [1997] QCA 426, consideredR v Williams [2001] 2 Qd R 442; [2000] QCA 409, considered
COUNSEL:
The applicant appeared on his own behalf
M Copley SC for the respondentSOLICITORS:
The applicant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
KEANE JA: I have had the advantage of reading in draft the reasons for judgment prepared by P Lyons J. I agree with those reasons and with the order proposed by his Honour.
CHESTERMAN JA: I agree that the application for an extension of time within which to appeal against conviction and the application for leave to appeal against sentence should be dismissed for the reasons given by P Lyons J.
P LYONS J: On some 16 occasions over 2004 and 2005, houses…
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- R v Suey [2009] QCA 261
- Case
- [2009] QCA 261
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the trial judge's summing-up had caused the trial to miscarry, rendering the conviction unsafe and unsatisfactory, and whether the sentence was manifestly excessive. Additionally, the court had to determine whether the delay in Suey's application for leave to appeal against sentence, which he attributed to his unsound health at the time of his apprehension, warranted an extension of time. The court also needed to assess whether the refusal of the extension would result in a miscarriage of justice.
The court dismissed the application for an extension of time within which to appeal against both conviction and sentence. The court found that the trial judge's summing-up did not cause the trial to miscarry, and thus the conviction was safe and satisfactory. Regarding the sentence, the court held that it was not manifestly excessive. The court also found that Suey's submission of being unwell at the time of apprehension was without substance and did not warrant an extension of time. The court concluded that an adjournment of the hearing of the application would not improve Suey's ability to make submissions and denied the application for an adjournment.
The court refused the application for an extension of time within which to appeal against conviction and sentence.
Orders
Orders of the court
The application for an extension of time within which to appeal against conviction and sentence is refused
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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