R v Burton

[2002] QCA 114

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Second appeal
5. › Whether Court of Appeal can entertain second appeal after refusing leave to appeal
6. › Right to appeal exhausted
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Reopening sentence
5. › Whether Court of Appeal may reopen sentence imposed by District Court under s 188 Penalties and Sentences Act 1992 (Qld)
6. › Court of Appeal did not impose sentence
7. › Penalties and Sentences Act 1992 (Qld), s 188
1. Criminal Law
2. › Retrospective operation of criminal law
3. › Change in method of calculating remissions
4. › Whether s 11 Criminal Code (Qld) applies
5. › Distinction between change in penalty and change in remission calculation
6. › Criminal Code (Qld), s 11
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Seven and a half year delay
5. › Whether realistic prospect of success
6. › Factors relevant to grant of extension

Quick Take

A change in the method of calculating remissions under corrective services legislation does not engage s 11 of the Criminal Code (Qld), which applies only where the acts cease to be offences or the penalties are reduced. Section 188 of the Penalties and Sentences Act 1992 (Qld) does not empower the Court of Appeal to reopen sentences imposed by the District Court where the Court of Appeal refused leave to appeal and did not itself impose a sentence.