R v Versac

[2014] QCA 181

SUPREME COURT OF QUEENSLAND

CITATION:

R v Versac [2014] QCA 181

PARTIES:

R
v
VERSAC, Alex Christian Paul
(applicant)

FILE NO/S:

CA No 293 of 2013
SC No 315 of 2010

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

5 August 2014

DELIVERED AT:

Brisbane

HEARING DATE:

23 June 2014

JUDGES:

Fraser and Morrison JJA and Philippides J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant, after having pleaded guilty to one count of possessing a dangerous drug, was found guilty after trial of one count of trafficking in a dangerous drug, one count of dangerous driving, and five other counts related to drug offending – where the applicant was sentenced in March 2011 and received a head sentence of ten years and six months imprisonment – where the primary judge did not declare as pre-sentence custody 20 months the applicant had already spent in custody – where the applicant pursued an unsuccessful appeal against conviction – where the applicant has filed an application for an extension of time within which to appeal against his sentence – whether good reason has been shown to account for the delay in filing his sentence appeal – where the applicant argues the primary judge made erroneous factual findings and imposed a manifestly excessive sentence – whether, considering the strength of the proposed appeal, it is in the interests of justice to grant the extension

Penalties and Sentences Act 1992 (Qld), s 161A

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, considered
Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45, cited
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, distinguished
R v Ergun, Morris, Phillips and Franco, unreported, Martin J, SC No 605 of 2011, 23 December 2011, distinguished
R v Falzon, unreported, Atkinson J, SC No 889 of 2008, 18 May 2009, considered
R v Le[2001] QCA 290, distinguished
R v Milos, unreported, Douglas J, SC No 817 of 2011, 10 May 2013, considered
R v Rodd; ex parte A-G (Qld)[2008] QCA 341, distinguished
R v Saunders [2007] QCA 93, considered
R v Tait [1999] 2 Qd R 667; [1998] QCA 304, applied
R v Tilley; ex parte A-G[1999] QCA 424, distinguished

COUNSEL:

The applicant appeared on his own behalf
J A Wooldridge for the respondent

SOLICITORS:

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

1. FRASER JA:  The applicant seeks an extension of time within which to apply for leave to appeal against his sentences imposed for eight offences.  He was convicted on a plea of guilty to count 7 and he was found…