Deering, M.E. v The Queen [1986] FCA 264

Deering, M.E. v The Queen [1986] FCA 264

The applicant failed to identify 'special reasons' justifying the grant of leave to appeal out of time. The proposed ground based on autrefois convict was not arguable, as the prior conviction in New South Wales concerned a different offence. Other grounds relating to evidentiary rulings and sentencing also disclosed no substantial error. Accordingly, the application was dismissed.

Parties
Applicant: Michael Edward Deering; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
27 June 1986
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to File and Serve Notice of Appeal Out of Time
Outcome
Application dismissed
Legal Topics
Leave to Appeal, Out of Time Appeal, Autrefois Convict, Sentencing Appeal, Admissibility of Evidence
Criminal Law Criminal Procedure Leave to Appeal Out of Time Appeal Autrefois Convict Sentencing Appeal Admissibility of Evidence

Case Brief

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Parties

Michael Edward Deering

Applicant

The Queen

Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave to File and Serve Notice of Appeal Out of Time

Legal Issues

  1. 1 Whether the applicant should be granted leave to file and serve a notice of appeal out of time against convictions and sentence
  2. 2 Whether there are 'special reasons' justifying extension of time under Order 52, sub-rule 15(2) of the Federal Court Rules
  3. 3 Whether a plea of autrefois convict could have succeeded

Ratio Decidendi

The applicant failed to identify 'special reasons' justifying the grant of leave to appeal out of time. The proposed ground based on autrefois convict was not arguable, as the prior conviction in New South Wales concerned a different offence. Other grounds relating to evidentiary rulings and sentencing also disclosed no substantial error. Accordingly, the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application for leave to file and serve a notice of appeal against the convictions and sentences is dismissed.