18 May 2022
The Court granted the extension of time but declined leave for a second appeal because the application did not meet the statutory high threshold: the issues do not raise matters of general or public importance and no miscarriage of justice was shown; prior appellate review addressed the grounds and the trial was fair.
29 Jun 2021
Application was declined because the applicant in reality sought standby counsel to assist him in presenting his case after legal aid was refused, which is an inappropriate basis for court appointment; appointment as counsel assisting was not justified because the parties were capable of addressing the issues and the matter did not require counsel to assist the court on points of law.
17 Dec 2019
On the evidence before the Court (medical reports, treating clinicians' opinions, trial transcript and expert opinion), appellant was not shown to be unfit to stand trial at the time; his informed decision to self-represent and to decline cross-examination did not render the judge-alone trial unfair because his defences were adequately put and he did not lose any real possibility of acquittal; the two-year sentencing discount for mental impairment was within range and appropriate absent evidence of a causal link between impairment and offending.
26 Sept 2019
The appellant's trial was not unfair: standby counsel and the trial Judge adequately protected the appellant's ability to present his case; fresh expert evidence was admitted but would not have undermined the verdict; the four year sentence fell within the available range and was not manifestly excessive; therefore both conviction and sentence appeals are dismissed.
14 Dec 2017
A trial judge may in discretionary and exceptional circumstances appoint standby counsel to assist a self-represented defendant and to stand by to assume conduct of the defence; such appointment did not, on the facts, deny Mr Fahey his right to represent himself or render the trial unfair, and the appeal is dismissed.