R v Wallace

[2008] QCA 135

SUPREME COURT OF QUEENSLAND

CITATION:

R v Wallace [2008] QCA 135

PARTIES:

R
v
WALLACE, James Gregory
(applicant)

FILE NO/S:

CA No 320 of 2007
SC No 79 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Application for Extension (Sentence)

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED EX TEMPORE ON:

26 May 2008

DELIVERED AT:

Townsville

HEARING DATE:

26 May 2008

JUDGE:

McMurdo P, Mackenzie AJA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Application refused

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – PRACTICE AND PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – where applicant pleaded guilty to trafficking in cannabis and other less serious drug offences – where applicant sentenced to seven years imprisonment with parole eligibility after two years and nine months – where brief delay adequately explained by the instruction of new solicitors – where applicant made full and frank admissions as to his involvement in trafficking, confessing to a wider scope of criminal conduct than was known to police – whether the sentence made sufficient allowance for the applicant’s cooperation – whether the sentence was manifestly excessive – whether an extension of time in which to appeal against sentence should be granted

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46, considered
R v Brown [2004] QCA 229, considered
R v Cacopardo, Cacopardo and D’Ortona [1997] QCA 88, considered
R v Kennedy and Watkins; ex parte A-G of Queensland[2002] QCA 26, considered
R v Lammonde [2007] QCA 75, considered
R v Lobwein and Statham [2000] QCA 100, considered
R v Parsons and Sanders[1999] QCA 402, considered

COUNSEL:

A Vasta QC, with G P Lynham, for the applicant
M Cowan for the respondent

SOLICITORS:

Anderson Telford Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

THE PRESIDENT:  Justice Mackenzie will deliver his reasons first.

MACKENZIE AJA:  The applicant seeks leave to extend time within which to appeal against sentences imposed upon him in the Supreme Court in Townsville for trafficking in cannabis and other less serious drug offences.  He was effectively sentenced to seven years imprisonment with a parole eligibility date of two years and nine months.  The sentences were imposed on 12 October 2007.  Affidavits from the applicant and his wife depose to seeking advice promptly about appealing against the sentences from the solicitors who represented him at sentence.  The applicant says he was not aware that there was a time limit for making an application for leave to appeal.  The applicant's wife says that she was told that there was a 60 day period within which to do so.

The applicant received advice that disappointed him from the solicitors on or about 5 November 2007.  As a result he contacted his wife to pursue the issue of appealing with other solicitors.  She contacted the present solicitors on 19 November 2007 and was seen…