R v Thomas

[2010] QCA 201

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Jurisdiction
4. › Second appeal against conviction
5. › Whether Court of Appeal has jurisdiction to entertain second appeal after first appeal dismissed
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Appeal against sentence
5. › Whether extension of time should be granted where mandatory sentence imposed
6. › Criminal Code (Qld), s 305(1)
1. Criminal Law
2. › Sentence
3. › Re-opening of sentence
4. › Whether s 188 Penalties and Sentences Act 1992 (Qld) applies where misstatement of fact had no impact on mandatory sentence
5. › Penalties and Sentences Act 1992 (Qld), s 188

Quick Take

A second appeal against conviction cannot be entertained by the Queensland Court of Appeal after the first appeal has been dismissed. An extension of time to appeal against a mandatory sentence of life imprisonment for murder will not be granted as it would be pointless. Section 188 of the Penalties and Sentences Act 1992 (Qld) is not invoked where a sentencing judge's misstatement of fact had no impact on the mandatory sentence imposed.