R v Timbrell

[2010] QCA 226

SUPREME COURT OF QUEENSLAND

CITATION:

R v Timbrell [2010] QCA 226

PARTIES:

R
v
TIMBRELL, Paul
(applicant)

FILE NOS:

CA No 167 of 2010
SC No 296 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

District Court at Brisbane

DELIVERED EX TEMPORE ON:

26 August 2010

DELIVERED AT:

Brisbane

HEARING DATE:

26 August 2010

JUDGES:

Muir and Chesterman JJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

The application for extension of time within which to apply for leave to appeal be refused

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN REFUSED – applicant convicted on a guilty plea of grievous bodily harm whilst armed with a weapon – applicant sentenced to three years and six months imprisonment – applicant submits sentence manifestly excessive – applicant submits delay in filing application for leave to appeal due to lack of understanding of appeal process – whether explanation for delay satisfactory – whether in interests of justice to grant extension of time

Puschenjak v Wade[2002] QCA 190, cited
R v Amituanai (1995) 78 A Crim R 588, [1995] QCA 80, cited
R v Biersteker [1995] QCA 266, cited
R v Elliot[2000] QCA 267, cited
R v O’Dell[2006] QCA 8, cited
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited
R v Weare[2002] QCA 183, cited
R v Wright[1998] QCA 184, cited

COUNSEL:

The applicant appeared on his own behalf
D R Kinsella for the respondent

SOLICITORS:

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

MUIR JA:  The applicant, who was 54 years of age at the time of the offence, was convicted on a plea of guilty on 28 May 2010 in the District Court of one count of assault occasioning grievous bodily harm whilst armed with a weapon and sentenced to a term of imprisonment of three years and six months.  His parole eligibility date was fixed at 27 May 2011.  He applies for leave to appeal against his sentence.

The complainant was a 26 year old female who was described by the primary Judge as having been in a relationship with the applicant's daughter.  The applicant went to the complainant's residence to retrieve his daughter's bicycle.  There was a verbal altercation.  After the applicant was told to leave, he picked up a wooden framed lid and struck the complainant in the face with it causing a serious injury to an eye.

The injury, if left untreated, could have resulted in the complete loss of vision from the eye.  The complainant required bed rest for two months and lost some vision in the affected eye.  She suffered constant pain for an extended period, was off work for two months and became depressed and resentful.  She…