Eastman v The Queen [2008] FCAFC 62

Eastman v The Queen [2008] FCAFC 62

A Full Court of the Federal Court lacks power to reopen a criminal appeal heard and determined on the merits, where orders have been entered in accordance with Federal Court Rules and perfected, regardless of claims relating to fitness to plead or procedural fairness. The Grierson principle applies, admitting no exceptions in the present circumstances.

Parties
Applicant: David Harold Eastman; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Criminal Appeal / Application to Reopen Appeal After Final Orders Entered
Outcome
Application to reopen appeal dismissed
Legal Topics
Finality of Appellate Orders, Procedural Fairness, Fitness to Plead, Reopening Appeals
Criminal Law Appellate Procedure Finality of Appellate Orders Procedural Fairness Fitness to Plead Reopening Appeals

Case Brief

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Parties

David Harold Eastman

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Application to Reopen Appeal After Final Orders Entered

Legal Issues

  1. 1 Whether the Federal Court has power to reopen a criminal appeal after judgment has been perfected
  2. 2 Whether the special character of fitness to plead justifies reopening finalized appellate orders
  3. 3 Whether denial of procedural fairness or failure to determine a ground warrants reopening of appeal

Ratio Decidendi

A Full Court of the Federal Court lacks power to reopen a criminal appeal heard and determined on the merits, where orders have been entered in accordance with Federal Court Rules and perfected, regardless of claims relating to fitness to plead or procedural fairness. The Grierson principle applies, admitting no exceptions in the present circumstances.

Court Disposition

Application to reopen appeal dismissed

Orders

  • The motions the subject of the amended notice of motion, filed on 5 October 2007, be dismissed.