R v Tubb

[1993] QCA 32

[1993] QCA 032

COURT OF APPEAL

FITZGERALD P MACROSSAN CJ BYRNE J

CA No 324 of 1992

THE QUEEN
v.

KEVIN WILLIAM TUBB

BRISBANE

..DATE 1/02/93

ORDER

THE CHIEF JUSTICE: This is a reference by the Registrar under section 671(H)(2) of the Code, the Registrar apparently deciding that there is no substance in the application which has been made for leave to appeal against sentence. The sentence originally imposed was one of a fine of $200 for unlawful use of a motor vehicle and a period of default imprisonment was ordered. The fine was not paid; a bench warrant them subsequently issued.

The default period of imprisonment was ordered to be served but the next matter in sequence was that the indictment was brought before the relevant District Court Judge who then varied his order. He took into acocunt a part payment of the fine that had been made and as a result ordered that the prisoner be discharged forthwith, the prisoner having spent a certain amount of time in custody up to that stage.

Representation by Legal Aid is made before us, counsel appearing.
He does not oppose an order that in the circumstances the
application for leave to appeal against sentence be dismissed and
we are led to understand that the reason why there has been no

notice of abandonment of the application filed is that the

applicant just simply cannot be located.

It seems to me that the proper thing for this Court to do in the circumstances of this case, as is requested by counsel for the Crown and not opposed by counsel appearing for the Legal Aid Office, is refuse the application for leave to appeal and I am in favour of so ordering.

THE PRESIDENT: I agree.

BYRNE J: I agree also.

THE CHIEF JUSTICE: The Court will then order accordidngly.
BRISBANE

... DATE

JUDGMENT