R v WP

[2006] QCA 36

SUPREME COURT OF QUEENSLAND

CITATION:	R v WP [2006] QCA 36
PARTIES:	R v WP (applicant)
FILE NO/S:	CA No 278 of 2005 DC No 171 of 2004
DIVISION:	Court of Appeal
PROCEEDING:	Application for Extension of Time
ORIGINATING COURT:	District Court at Brisbane
DELIVERED EX TEMPORE ON:	17 February 2006
DELIVERED AT:	Brisbane
HEARING DATE:	17 February 2006
JUDGES:	Williams and Keane JJA and Muir J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:	The time within which the notice of appeal be lodged be extended to the 28th of October 2005
CATCHWORDS:	APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – WHERE EVIDENCE CIRCUMSTANTIAL - where the applicant was convicted after trial of causing grievous bodily harm to his daughter – the applicant seeks an extension of time within which to appeal – where there may be relevant new evidence in favour of the applicant – whether to grant an extension of time
COUNSEL:	The applicant appeared on his own behalf M J Copley for the respondent
SOLICITORS:	The applicant appeared on his own behalf Director of Public Prosecutions (Queensland) for the respondent

WILLIAMS JA:  The applicant was convicted after a trial on the 8th of June 2004 of causing grievous bodily harm to his daughter between 15 April 2003 and 12 May 2003.  The case against him was a circumstantial one.

The applicant has now lodged with the Court a notice of appeal against conviction on the 28th of October 2005 which is well out of time.  This is an application to extend the time within which to appeal to that date.

The application has been brought by the applicant himself and in consequence the material is in a somewhat vague form; however it does raise the issue as to whether or not the applicant's wife was the person who mistreated the child and occasioned the injuries in question.  The material suggests that there may be new evidence supporting that proposition.

Mr Copley, who has appeared for the Director of Public Prosecutions has quite properly conceded that the matters raised by the applicant need to be further examined and indeed the Director of Public Prosecutions has already asked the police to obtain relevant statements.

Once the extension of time is granted the applicant will be able to apply for Legal Aid and that will then enable Legal Aid to fully investigate the matter and to assist the Court in determining whether or not there is now available evidence which puts in question the guilt of the applicant.

In the circumstances there will be an order that the time within which the notice of appeal be lodged be extended to the 28th of October 2005.

KEANE JA:  I agree.

MUIR J:  I agree.

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