R v Wilson

[2001] QCA 69

[2001] QCA 69

COURT OF APPEAL

DAVIES JA
McPHERSON JA
AMBROSE J

CA No 211 of 2000

THE QUEEN

v.

JAMES DAVID WILSON  Applicant

BRISBANE

..DATE 02/03/2001

JUDGMENT

McPHERSON JA:  The applicant for an extension of time within which to appeal against sentence in this case was sentenced to imprisonment for a term of 13 years with a recommendation after six years at a hearing at which he had pleaded guilty on 20 June 1997.  On 16 July 1997 he filed an application for leave to appeal against sentence.   The appeal was set down for hearing on 27 August 1997, however on 26 August the applicant filed a notice of abandonment of the application.  Then on 22 August 2000 a notice of application for extension of time, which is what has now come before us, was filed by the applicant.

The reason for this rather surprising turn of events is that applicant has presented material to show that during the period after he was sentenced he was suffering from mental problems.  He was in a condition of such stress,  he claims, that he was unable to pursue the application or to appear on it himself, he having no professional legal assistance.  He says that he has now recovered sufficiently to be able to conduct the application himself, but he now needs an extension of time within which to make it.

The material before us sufficiently persuades me that the delay has been explained.  So far as the other aspect of the matter is concerned, it is conceded that, despite the serious nature of the offence, the sentence of 13 years is a heavy one.  I think it is a proper case in the circumstances in which to grant an extension, even though the time since sentence has been very long.  I would therefore grant an extension of time within which to apply for leave to appeal against sentence.

DAVIES JA:  I agree.

AMBROSE J:  I agree.

DAVIES JA:  Well, the order is extension of time within which to appeal against sentence is granted until - 22 August, is that right, Mr Byrne?

MR BYRNE:  That's so.

DAVIES JA:  Until 22 August 2000.  Mr Wilson, that means you have an extension of time and the Court will notify you when your appeal is to be heard, but you should be in a position to argue it at any time, so you better be ready to argue your appeal against sentence.

APPLICANT:  Yes, your Honour.

DAVIES JA:  If you are going to put anything more in writing, Mr Wilson, you should do so immediately.

APPLICANT:  Yes, your Honour.  I have put everything that I‑‑‑‑‑

DAVIES JA:  You put everything you need to?

APPLICANT:  I think so, sir, yes.

DAVIES JA:  All right.  Thank you. 

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