Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where applicant originally sought extension of time to appeal against conviction and sentence – where subsequently sought extension of time to apply for leave to appeal against sentence only

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – QUEENSLAND – PROCEDURE – EXTENSION OF TIME, NOTICE OF APPEAL AND ABANDONMENT – where two month delay in filing application for leave to appeal against sentence – where explanation for delay no legal experience in filing appeals and only recently able to contact solicitor wished to handle appeal – whether satisfactory explanation for delay – whether extension of time should be granted

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – where applicant convicted after pleas of guilty to three counts of armed robbery, two counts of deprivation of liberty, two counts of serious assault, one count of armed robbery with personal violence and minor summary offences – where sentenced to terms of six, seven and seven and a half years imprisonment for armed robbery offences – where sentenced to eight and a half years imprisonment for armed robbery with personal violence – where all robbery offences declared to be serious violent offences under Pt 9A Penalties and Sentences Act 1991 (Qld) – where sentenced to lesser terms of imprisonment for remaining offences – where all sentences to be served concurrently – where no recommendation for post-prison community-based release – where aged between 53 and 55 when committed offences – where three of armed robbery offences committed whilst on bail and two whilst on two grants of bail – where distress caused to victims – where resisted arrest and forcibly disarmed

where alcoholic and depressive – where attempts at rehabilitation unsuccessful – where minor prior convictions – where early plea of guilty – where majority of offences dealt with by ex officio indictment – where good work history – whether sentence manifestly excessive