R v. Taylor

[2010] QCA 74

[2010] QCA 74

COURT OF APPEAL

MUIR JA
FRYBERG J
APPLEGARTH J

CA No 27 of 2010
DC No 3089 of 2009

THE QUEEN

v

GARY WAYNE GEORGE TAYLOR  Applicant

BRISBANE

DATE 29/03/2010

JUDGMENT

MUIR JA:  In this matter unfortunately the applicant, through what appears to be an error in the Registry, wasn't given notice of the necessity to appear by video link today and no video link was arranged. 

However his application for an extension of time within which to appeal is unopposed.  Mr Lehane, who appears for the respondent, properly concedes that there is an arguable point.  He doesn't concede that it is a point, however, which will succeed. 

In those circumstances it is desirable that the matter be properly ventilated and it is likely that the applicant will obtain legal aid and hence the argument will be advanced properly when the appeal goes ahead.  In those circumstances it is appropriate to extend time within which to appeal. 

The order of the Court is that the time within which to appeal be extended to 30 April 2010 and obviously the application for extension of time be allowed.
...
MUIR JA:  It is directed that a copy of the transcript be provided to Legal Aid and to the applicant.