Binse v The King

[2025] VSCA 158

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2024 0025

CHRISTOPHER BINSE	Applicant
v
THE KING	Respondent

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JUDGES:	BEACH, RICHARDS and KAYE JJA
WHERE HELD:	Melbourne
DATE OF HEARING:	26 June 2025
DATE OF JUDGMENT:	4 July 2025
MEDIUM NEUTRAL CITATION:	[2025] VSCA 158
JUDGMENT APPEALED FROM:	R v Binse [2014] VSC 253 (T Forrest J)

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CRIMINAL LAW – Appeal – Conviction – Applicant pleaded guilty to charges of armed robbery, reckless conduct endangering persons, theft, prohibited person possessing firearm, and prohibited person using firearm – Sentenced to 18 years and 2 months’ imprisonment – Applicant committed armed robbery on two security guards with loaded shotgun – Applicant engaged in siege with police – Applicant fired multiple shots at police in course of siege – Allegation by applicant that counsel pressured him to plead guilty to charges in circumstances where applicant wished to raise defences of necessity, duress and self-defence – Where applicant alleged diagnosis of PTSD affected his state of mind at time of offending – No evidentiary bases to support defences – Application for extension of time – Delay of 9 years and 8 months – No adequate explanation for delay – Proposed grounds of appeal not sufficiently arguable – Application for extension of time in which to file leave to appeal against conviction refused.

Crimes Act 1958, ss 322K, 322N, 322O, 322P and 322Q referred to – Madafferi v The Queen [2017] VSCA 302; Peters v The Queen (No 2) (2019) 60 VR 231; R v Hurley [1967] VR 526; R v Rowan (a pseudonym) (2024) 418 ALR 91, applied; R v Loughnan [1981] VR 443; Zecevic v Director of Public Prosecutions (1987) 162 CLR 645, referred to.

PRACTICE AND PROCEDURE – Applicant filed several applications under s 317 of Criminal Procedure Act 2009 seeking documents from various persons and entities – Whether in the interests of justice to order production of documents – Whether applicant has legitimate forensic purpose in seeking production of documents – Requests for documents a fishing expedition – Not in the interests of justice to order production of documents – Applications refused – Criminal Procedure Act 2009, ss 317 and 319A, referred to – Polimeni v The Queen [2022] VSCA 20, considered.

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Counsel
Applicant:		In person
Respondent:		Mr J O’Connor
Solicitors
Applicant:	In person
Respondent:	Ms A Hogan, Solicitor for Public Prosecutions

BEACH JA
RICHARDS JA
KAYE JA:

1. In 2014, the applicant was charged on two indictments, namely, indictment C11434997.3 (the ‘first indictment’), and indictment C1143997.4 (the ‘second indictment’), with a number of offences, which he was alleged to have committed between 9 January 2012 and 23 May 2012.

2. The first indictment contained eight charges. At the commencement of the trial of those charges, the applicant pleaded guilty to charges 7 and 8. After a trial, he was acquitted of the first six charges on the indictment. Following the completion of the trial, he pleaded guilty to the four charges on…