Court of Appeal

R v Phillips [2017] QCA 041 (16/242) Fraser and Philippides JJA and Boddice J 17 March 2017

Full-text: QCA17-041.pdf

Catchwords

CRIMINAL LAW APPEAL AND NEW TRIAL PROCEDURE TIME FOR AN APPLICATION AND EXTENSION THEREOF where the applicant entered pleas of guilty to two counts of possession of methylamphetamine, one count of possession of cannabis exceeding 500 grams and one count of possession of cannabis where an overall sentence of five years was imposed with a one-third non-parole period where the applicant was aged 40 years where the applicant had relevant criminal history and had committed offences whilst released on bail where the applicant entered a timely plea where the applicant had made efforts at rehabilitation where the applicant required long term and close supervision where it was not contested at sentence that there was commercial motivation behind the offending where the applicant contested on appeal that the possession of the drugs was a personal possession where the applicant seeks an extension of time to file an application for leave to appeal against sentence where the applicant suffered from depression where the applicant thought his lawyers would lodge an appeal on his behalf whether there is adequate explanation for the delay whether it is in the interests of justice to grant the extension