R v Yardy

[1995] QCA 238

[1995] QCA 238

COURT OF APPEAL
McPHERSON JA
MOYNIHAN J

de JERSEY J

CA No 136 of 1995
THE QUEEN
v.

WILLIAM JOHN YARDY Applicant

BRISBANE
..DATE 24/04/95
McPHERSON JA: I will ask Mr Justice Moynihan to give the
first judgment.

MOYNIHAN J: This is an application for leave to extend the time in which to appeal against a sentence. The sentence was for a period of community service in respect of a charge of making a false statement to the police.

The basis of the appeal is in respect of the fact that no order was made that a conviction should not be recorded. The explanation for the delay of I think some 20 days in the lateness of the appeal is not particularly satisfactory. There was ample basis for the Judge to proceed to have a conviction recorded.

The applicant had lied to the police in terms of saying that he had provided some jewellery to a woman called Brown in order for her to sell it. He knew that was false and apparently he did it in order to protect her position in respect of the Social Security benefits which she was receiving. The trial Judge remarked and it is the case to the effect that the applicant who is some 50-odd years of age was formerly a policeman and ought to have known better. The prospects therefore of the substantive appeal being successful are slight. Combined with the unsatisfactory explanation for the delay it seems to me that the application for leave to extend the time in which to appeal ought to be refused.

McPHERSON JA: I agree.
de JERSEY J: I agree.

McPHERSON JA: The order is as Mr Justice Moynihan has stated it. The application is refused.

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