Court of Appeal

R v Leach [2017] QCA 053 (16/227) Fraser and Morrison and McMurdo JJA 31 March 2017

Full-text: QCA17-053.pdf


CRIMINAL LAW – PROCEDURE – NOTICES OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where the applicant was sentenced to terms of 6, 12 and 18 months’ imprisonment on two counts of stalking and one of wilful damage in January 2004 – where the applicant successfully appealed against his sentences on the two counts of stalking in June 2004 but did not then claim to be innocent of the charges – where more than 12 years then passed before the applicant sought to set aside all three convictions – where the applicant contended that his lawyer wrongly advised him to plead guilty – where the applicant explained his delay by reference to poverty, medical and mental health treatment and his attempts to contact members of the executive government to commute or overturn his sentence – where those attempts were wholly unsuccessful – where the applicant did not establish that his convictions upon his guilty pleas were the result of a miscarriage of justice and the applicant’s prospects on appeal were correspondingly weak – whether the application for extension of time in which to file a Notice of Appeal should be granted