Hoar, Donald Edgar v The Queen [1982] FCA 61

Leave to file and serve a notice of appeal out of time should be granted where fresh evidence from a key prosecution witness raises a serious question concerning the safety of the conviction, even if the truthfulness of the evidence has not yet been tested.

Parties: Applicant: Donald Edgar Hoar; Respondent: The Queen
Jurisdiction: Australia
Judgment Date: 08 April 1982
Procedural Posture: Application for Extension of Time to Appeal / Interlocutory
Outcome: Time for filing and serving notice of appeal against conviction extended up to and including 16 April 1982. No order as to bail.
Legal Topics: Application for Extension of Time, Fresh Evidence, Appeal Against Conviction, Witness Recantation, Application for Bail

Criminal Law Application for Extension of Time Fresh Evidence Appeal Against Conviction Witness Recantation Application for Bail

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Parties

Donald Edgar Hoar

Applicant

The Queen

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Interlocutory

Legal Issues

1 Whether to grant an application to file and serve a notice of appeal against conviction out of time
2 Whether there is a serious question to be presented to a court of appeal by reason of new evidence from a key prosecution witness
3 Whether bail should be granted pending the appeal

Ratio Decidendi

Court Disposition

Time for filing and serving notice of appeal against conviction extended up to and including 16 April 1982. No order as to bail.

Orders

Time for filing and serving a notice of appeal against conviction be extended up to and including 16 April 1982.
No order be made on the application for bail.