The Queen v Pizzata, Filippo [1983] FCA 256

The Queen v Pizzata, Filippo [1983] FCA 256

Given the complex and lengthy nature of the trial, the collective conspiracy charge, and that the application for extension was made before the prescribed period expired, the circumstances justified granting the Crown an extension of time for service of the notice of appeal.

Parties
Applicant: The Queen; Respondent: Filippo Pizzata; Respondent: Giovanni Mammoliti; Respondent: Domenico Nirta
Jurisdiction
Australia
Judgment Date
16 September 1983
Procedural Posture
Application for Extension of Time in Appeal Proceedings / Interlocutory Order
Outcome
Extension of time for service of appeal notices granted.
Legal Topics
Extension of Time, Appeals Against Sentence, Service of Appeal Notices
Criminal Law Appellate Procedure Extension of Time Appeals Against Sentence Service of Appeal Notices

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Parties

The Queen

Applicant

Filippo Pizzata

Respondent

Giovanni Mammoliti

Respondent

Domenico Nirta

Respondent

Procedural Posture

Application for Extension of Time in Appeal Proceedings / Interlocutory Order

Legal Issues

  1. 1 Whether the Court should extend the time for service of appeal notices by the Crown against sentences imposed on the respondents.
  2. 2 What are the principles governing extension of time for procedural requirements in appeal proceedings?

Ratio Decidendi

Given the complex and lengthy nature of the trial, the collective conspiracy charge, and that the application for extension was made before the prescribed period expired, the circumstances justified granting the Crown an extension of time for service of the notice of appeal.

Court Disposition

Extension of time for service of appeal notices granted.

Orders

  • Time for service of the notice of appeal filed herein on 16 September 1983 is extended up to and including Wednesday, 21 September 1983 in each case.