R v Waine

[2005] QCA 170

COURT OF APPEAL  [2005] QCA 170

WILLIAMS JA
JERRARD JA
MULLINS J

CA No 70 of 2005

THE QUEEN

v.

PATRICIA JOYCE WAINE  Applicant

BRISBANE

..DATE 19/05/2005

ORDER

WILLIAMS JA:  The applicant was convicted in the District Court at Maryborough on the 18th February 2005 with seven counts of wilful damage.  She gave instructions to her solicitor to lodge an appeal against conviction and documents were duly prepared. 

The solicitor posted the documents to the Registry believing that they would be received by the Registry by the last day, namely the 18th March, which was a Friday.  In fact the documents were not received in the Registry until the 21st March 2005, the following Monday.

In consequence it is necessary for the applicant to obtain an extension of time within which to appeal against conviction.  In those circumstances, the delay being extremely short and there being a satisfactory explanation for the failure to have the documents lodged in time, it falls to consider whether or not there are reasonable prospects of success on an appeal.

Counsel for the Crown has conceded in his written outline that the applicant's material prima facie raises issues which require an examination of the record book in order to resolve them. 

In those circumstances it is appropriate for the Court to grant the application for an extension of time.

The order of the Court will be that the time for filing a notice of appeal against conviction be extended to 21st March 2005.

That will be the order of the Court.

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