Court of Appeal

R v Stanley [2014] QCA 116 ; [2015] 1 Qd R 118 (13/0286) Fraser and Morrison JJA and Mullins J 23 May 2014

Full-text: QCA14-116.pdf

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – NOTICE OF APPEAL – TIME FOR APPEAL AND EXTENSION THEREOF – where in March 2003 the applicant was convicted after trial of murder and sentenced to life imprisonment – where in November 2003 this Court refused the applicant’s appeal against conviction – where the applicant applies for an extension of time to appeal against conviction – where the applicant contents that a Crime and Misconduct Commission (“CMC”) investigation and an expert report bear upon whether he was properly convicted – where the applicant contends that the CMC investigation demonstrates that certain police officers fabricated evidence against him – where the applicant contends that the expert report places the applicant outside of the area where the victim was killed at the time of the offence – where s 668D of the Criminal Code confers the right of appeal to this Court – where according to Grierson v The King (1938) 60 CLR 431 once an appeal has been decided on merits the right of appeal conferred by s 668D is exhausted – whether this Court has jurisdiction to entertain a further appeal where the applicant contends his conviction was tainted by fabricated evidence