R v Woods

[2001] QCA 175

[2001] QCA 175

COURT OF APPEAL

de JERSEY CJ
MACKENZIE J
CHESTERMAN J

CA No 320 of 2000

THE QUEEN

v.

MARK WILLIAM WOODS

BRISBANE

..DATE 08/05/2001

JUDGMENT

THE CHIEF JUSTICE:  Mr Woods, these are the orders that we are inclined to make.  Upon your surrendering forthwith, upon the adjournment of these proceedings this morning, the tapes currently in your possession, into the custody of the Registrar, and proceeding to identify the tape or tapes upon which you would seek subsequently in these proceedings to rely, and upon your nominating to the Registrar within seven days the entity which you will retain for the purpose of transcribing that tape or tapes, order that within 28 days the appellant file any affidavit or affidavits swearing to all material upon which he would seek to rely to establish that a miscarriage of justice occurred because his legal representatives unreasonably failed to follow his instructions.

Upon compliance with that direction we will request the Registrar then to provide copies of that material to the Crown.  The Crown is then directed to provide copies of that material to the appellant's legal representatives or former legal representatives within seven days and to secure the filing within 14 days thereafter of any response those former legal representatives may be in a position to make, again to be done by affidavit, and serve copies of that material on the appellant. 

Within 14 days thereafter the appellant is to file any material in reply on factual matters which should then be provided by the Registrar to the Crown. 

At that stage the matter may be relisted for hearing, which I should say need not occur before a Court of Appeal constituted as this one is.

They are the directions we would be inclined to give in the matter.  Do you have any difficulty with that?

APPELLANT:  No, I don't, but there are‑‑‑‑‑

THE CHIEF JUSTICE:  The only other direction which should be added is that upon your nominating the entity which is to carry out the transcription the Registrar is to provide, of course, the relevant tape or tapes to that entity and the transcription is to be carried out at your expense, which should also be spelt out, I suppose.

APPELLANT:  Yes.

THE CHIEF JUSTICE:  Now, are you clear on that process?

APPELLANT:  Yes, I am and I agree to it. 

THE CHIEF JUSTICE:  I ask that a copy of the transcript recording those directions be made available to both the Crown and to the appellant.

...

THE CHIEF JUSTICE: There will be a further direction that the appellant provide to the Crown within 14 days any material upon which he seeks to rely for the purposes of a review of the sentence in light of section 13A of the Penalties and Sentences Act.

...

THE CHIEF JUSTICE:  I make a direction that within 28 days you file in the Court and have served on the Crown a comprehensive set of submissions raising all the points you wish to raise either in relation to conviction or sentence.

-----