R v Dobie

[2011] QCA 21

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and New Trial
3. › Procedure
4. › Notices of Appeal
5. › Time for Appeal and Extension Thereof
6. › Whether extension of time should be granted where previous appeals determined on merits
7. › Whether repeated hopeless applications warrant restriction on further filings
1. Criminal Law
2. › Appeal and New Trial
3. › Procedure
4. › Exhaustion of Right of Appeal
5. › Whether right of appeal exhausted after determination on merits
6. › Whether further application for extension of time is futile
1. Criminal Law
2. › Appeal and New Trial
3. › Apprehended Bias
4. › Sentencing Judge
5. › Whether conflict of interest where sentencing judge formerly held prosecutorial office
6. › Whether allegations supported by evidence
1. Criminal Law
2. › Trafficking in Persons
3. › Sentencing
4. › Criminal Code 1995 (Cth), s 271.2(2B), s 400.6(1)
5. › Migration Act 1958 (Cth), s 234(1)(a)

Quick Take

An extension of time to appeal will be refused as futile where the grounds raised have already been determined on the merits by the Court of Appeal or are entirely unsupported by evidence. Where an applicant persists in making repeated hopeless applications, the Court may order that no further applications be filed without leave of a judge of appeal.

Case Details

Citation[2011] QCA 21

CourtQCA

JurisdictionQueensland

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Relies on5

2010R v DobieQCA 34
2009R v DobieQCA 394
2007R v NuddQCA 40
2005R v MamQCA 323
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