SUPREME COURT OF QUEENSLAND
CITATION:
R v Twidale [2009] QCA 200
PARTIES:
R
v
TWIDALE, Lisa Rose
(applicant)FILE NO/S:
CA No 89 of 2009
DC No 1649 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Application for Extension (Sentence)
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
17 July 2009
DELIVERED AT:
Brisbane
HEARING DATE:
9 July 2009
JUDGES:
Muir and Fraser JJA and Wilson J
Separate reasons for judgment of each member of the Court,each concurring as to the order made
ORDER:
Application for extension of time within which to appeal against sentence dismissed
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where applicant seeks extension of time in which to appeal against sentence – where application made about 1.5 months late – where applicant’s excuse for delay is ignorance of time limit – where proposed appeal not viable – whether the application for extension of time should be granted
R v DAQ[2008] QCA 75, cited
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, cited
R v Tindale[2008] QCA 24, appliedCOUNSEL:
The applicant appeared on her own behalf
D C Boyle for the respondent
SOLICITORS:
The applicant appeared on her own behalf
Director of Public Prosecutions (Qld) for the respondent
MUIR JA: I agree with the reasons of Wilson J and with the order she proposes.
FRASER JA: I agree with the reasons of Wilson J and with the order her Honour proposes.
WILSON J: On 2 February 2009 the applicant pleaded guilty to fraud as an employee, to the value of $5,000 or more, between 1 January 2000 and 3 April 2007. It was a timely plea. She was sentenced to seven years imprisonment with a parole eligibility date fixed at 2 June 2011 (after serving 28 months).
Eleven weeks later, on 20 April 2009, the applicant filed an application for an extension of time within which to appeal against the severity of the sentence, and an application for leave to appeal against the sentence.
An application for leave to appeal against sentence must be brought within one calendar month of the sentence: Criminal Code s 671. This Court has a discretionary power to extend that time limit.
“[T]he Court will examine whether there is any good reason shown to account for the delay and consider overall whether it is in the interests of justice to grant the extension.”
See R v Tait [1999] 2 Qd R 667 at 668; see also R v DAQ [2008] QCA 75 at para [8] - [11]. Factors the Court will consider include the viability of the appeal, the length of the delay and the reason for it, the public interest in the finality of litigation, whether the application for an extension of time is an abuse of…
Continue reading R v Twidale
Sign in free to access the full text
- AGLC
- R v Twidale [2009] QCA 200
- Case
- [2009] QCA 200
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the application for an extension of time should be granted, despite the delay and the unlikelihood of a successful appeal. The court considered the principles applicable to such extensions, including the factors that may justify or negate the granting of an extension. These principles involve an assessment of the applicant's diligence in pursuing the appeal, the merits of the proposed grounds of appeal, and the impact of any delay on the administration of justice. In this case, the applicant's lack of diligence, as evidenced by the significant delay and the speculative nature of the proposed appeal grounds, weighed heavily against the grant of an extension. Additionally, the court noted that the delay had caused inconvenience to the respondent, further undermining the applicant's case.
Upon reviewing the circumstances, the court concluded that the application for an extension of time should be dismissed. The court found that the applicant's excuse for the delay, namely ignorance of the time limit, was insufficient to warrant an extension. The court emphasised the importance of meeting statutory deadlines for appeals and noted that the proposed grounds of appeal were not compelling. The court also highlighted the negative impact of the delay on the administration of justice, including the respondent's inconvenience. As a result, the court dismissed the application for an extension of time, leaving the original sentence unchallenged.
Orders
Orders of the court
Application for extension of time within which to appeal against sentence dismissed
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.