SUPREME COURT OF QUEENSLAND
CITATION:
R v Turnbull [2013] QCA 154
PARTIES:
R
v
TURNBULL, Gary Une
(applicant)FILE NO/S:
CA No 52 of 2013
DC No 3394 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
District Court at BrisbaneDELIVERED EX TEMPORE ON:
19 June 2013DELIVERED AT:
Brisbane
HEARING DATE:
19 June 2013
JUDGES:
Chief Justice, Gotterson JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
Application for extension of time within which to apply for leave to appeal against the sentences for counts 5, 8 and 10 is granted, limited to the ground that the sentences are manifestly excessive, but the application is otherwise refused.1.
The time for applying for leave to appeal against the sentences for counts 5, 8 and 10 is extended to 11 March 2013.2.
CATCHWORDS: APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN GRANTED – where the applicant applies for an extension of the time in which to apply for leave to appeal against sentence – where the applicant cannot show that there is good reason for the delay of over 10 years – whether it is otherwise in the interests of justice that an extension of time be granted
R v Burley[1998] QCA 98, considered
R v Robinson[2007] QCA 349, considered
R v Tait [1999] 2 Qd R 667, [1998] QCA 304, consideredCOUNSEL:
A M Nelson for the applicant
G P Cash for the respondentSOLICITORS:
Alexander Law for the applicant
Director of Public Prosecutions (Queensland) for the respondent
CHIEF JUSTICE: I now invite Justice Mullins to deliver the first judgment.
MULLINS J: The applicant applies for an extension of time in which to apply for leave to appeal against the sentences imposed on him in the District Court on 7 June 2002 for one count of sexual assault (count 1), one count of assault occasioning bodily harm, two counts of assault with intent to commit rape, one count of attempted rape, three counts of rape (counts 5, 8 and 10), one count of robbery with aggravation, and one count of sexual assault with aggravation.
The applicant pleaded guilty after a full hand up committal and was legally represented at the sentence. Although he was aware in a general sense that he could appeal the sentences, he was never given any advice by his lawyers about the sentences that were imposed or the availability of an appeal. He was also discouraged by another prisoner who informed him that his sentence could be increased on appeal. The first time that the applicant received legal advice about his prospects of appeal was via his family after they made their own inquiries in January 2013. The application for an extension was filed on 11 March 2013.
Concurrent sentences were imposed and in respect of each…
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- AGLC
- R v Turnbull [2013] QCA 154
- Case
- [2013] QCA 154
- Decision Date
CaseChat Overview and Summary
The court examined the reasons provided by the applicant for the delay and considered whether there was a good reason for the extended period. The applicant argued that the delay was due to a combination of factors, including a lack of legal representation and difficulties in understanding the legal process. However, the court found that the applicant had not demonstrated a compelling justification for the significant delay. The court further deliberated on whether, in the interests of justice, an extension of time should be granted despite the absence of a good reason. The court acknowledged the importance of ensuring that justice is not denied due to procedural delays but also emphasised the need to maintain the integrity of the legal process.
The court concluded that while the applicant could not show a good reason for the delay, an extension of time should be granted for the limited ground that the sentences were manifestly excessive. This decision balanced the interests of justice with the need to uphold the procedural rules of the court. The time for applying for leave to appeal was extended to 11 March 2013, allowing the applicant to pursue the appeal on the specified ground. The application for an extension of time was otherwise refused, as the applicant did not meet the criteria for an extension beyond the specified ground.
Orders
Orders of the court
Application for extension of time within which to apply for leave to appeal against the sentences for counts 5, 8 and 10 is granted, limited to the ground that the sentences are manifestly excessive, but the application is otherwise refused.1.
The time for applying for leave to appeal against the sentences for counts 5, 8 and 10 is extended to 11 March 2013.2.
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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