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[1999] QCA 369
appellant. Leave to appeal granted; Attorney-General to be served with notice of appeal promptly; hearing of appeal to be listed at future time
3 cited instruments linked from this judgment.
The Court of Appeal granted leave to appeal a decision about criminal compensation but postponed the full hearing. The case involved a dispute about whether a new regulation applied to offences committed before the regulation came into effect. Because different judges had taken different views on this legal question, and because the government had not yet had a chance to present its view, the Court decided the appeal could proceed but needed to wait until the Attorney-General could be notified and given an opportunity to participate.
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THE PRESIDENT: This is an application for leave to appeal under Section 118 of the District Court Act 1967 from the decision of a District Court Judge ordering the respondent to pay the applicant $12,000 by way of criminal compensation for injuries received through the commission of offences of rape and deprivation of liberty committed upon the applicant by the respondent on 10 May 1997.
The respondent pleaded guilty in the District Court at Gympie on 24 November 1997. The allocutus was administered on 26 November 1997 when the pre-sentence report was ordered.
On 17 February 1998 the respondent was sentenced. On 16 July 1999 the compensation order the subject of this application was made under the Criminal Offence Victims Act 1995.
The issue for determination is a short one; whether the Criminal Offence Victims Regulation 1995 1A operational on 19 December 1997 applies in a case such as this where the respondent offender was convicted on indictment of a personal offence prior to 19 December 1997.
The learned primary Judge concluded that Regulation 1A applied only where the respondent was convicted of offences after 19 December 1997. Different approaches have been taken by different Judges in the District Court, see for example R v. Fletcher; Ex Parte Raymond and Fletcher 3816
and 3815 of 1998 delivered April 1999 where the relevant time was found to be a time when the offence was committed and R v. Gilchrist; Ex Parte Hall 1434 of 1999, 25 May 1999, where Regulation 1A was held to be procedural, not substantive in nature.
Although the applicant is ready to argue the matter today, the case is one where the State should be given the opportunity to be represented and to assist the Court as to matters of law. The issue is of some importance and as there are conflicting decisions on the matter, it is appropriate that leave to appeal be given but that the hearing of the appeal be listed at a future time after service has been effected upon the Attorney-General.
THE PRESIDENT: The order is the application for leave to appeal is granted. The Attorney-General is to be served with a notice of appeal in respect of this matter promptly.
Whyte
Robinson [1999] QCA 369
Leave to appeal granted; Attorney-General to be served with notice of appeal promptly; hearing of appeal to be listed at future time