Queensland Court of Appeal (AustLII)

R v Thomas - Leave to Make Subsequent Appeal Refused

The Queensland Court of Appeal refused Robert Graham Thomas leave to make a subsequent appeal against his 2019 murder conviction, in which he sought to introduce fresh evidence including a Crown witness recantation, evidence of acquittal on related summary charges, and alleged undisclosed fingerprint evidence. The court applied the statutory definitions of "fresh" and "compelling" evidence under sections 671AB and 671AC of the Criminal Code (Qld) and found the evidence did not meet the threshold required to grant leave. The applicant, who was sentenced to life imprisonment on 18 April 2019 and whose first appeal was dismissed on 30 October 2020, remains convicted.

R v Venzlouskas - Sentence Appeal Refused

Joshua Matthew Venzlouskas was sentenced in the District Court at Brisbane on 26 May 2023 to 3.5 years imprisonment for assault occasioning bodily harm while armed, 8 years for count 2 (malicious act with intent, SVO declaration), and 9 years for count 3 (malicious act with intent, SVO declaration), all concurrent. The Queensland Court of Appeal refused both the application for leave to adduce further psychiatric evidence and the application for leave to appeal against sentence on 21 April 2026. The court held the further evidence could have been adduced at sentencing and would not demonstrate the sentence was manifestly excessive.

ProLend Solutions No 50 Pty Ltd v Monaco Solicitors Pty Ltd [2026] QCA 68

The Queensland Court of Appeal allowed an appeal by ProLend Solutions No 50 Pty Ltd (first mortgagee) against Monaco Solicitors Pty Ltd (second mortgagee), setting aside declarations from the trial judge regarding the interpretation of the 'First Priority Amount' in a Deed of Priority. The appellate court declared that the First Priority Amount under clauses 2.2(a) and 2.2(b) includes: (a) principal amounts of $5,335,714.98 advanced by the appellant to the mortgagor; (b) costs, fees, charges, duties and expenses included in the Money Secured; (c) sums paid to the builder under the Building Contract and infrastructure charges paid to Logan City Council; and (d) interest on those amounts. The proceedings are remitted to the Supreme Court for distribution of monies held in the controlled money account.