Cameron v The Queen

Case [2004] WASCA 16


CAMERON -v- THE QUEEN [2004] WASCA 16



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 16
COURT OF CRIMINAL APPEAL
Case No:CCA:18/20027 NOVEMBER 2003
Coram:STEYTLER J
MCKECHNIE J
WALLWORK AJ
9/02/04
15Judgment Part:1 of 1
Result: Application for extension of time refused
D
PDF Version
Parties:JOHN LEONARD CAMERON
THE QUEEN

Catchwords:

Criminal law and procedure
Application for extension of time to appeal against conviction
Lengthy delay unexplained in part
No merit in grounds of appeal
No injustice
Constitution
Offence under Commonwealth law
No inconsistency

Legislation:

Commonwealth Places (Application of Laws) Act 1970 (Cth)
Misuse of Drugs Act (WA) 1981

Case References:

Cameron v The Queen (2002) 209 CLR 339
Cameron v The Queen [2000] WASCA 286
Cameron v The Queen [2002] WASCA 81
Narkle v The Queen, unreported; CCA SCt of WA; Library No 6108; 2 December 1985
R v Holmes (1988) 93 FLR 405. ,
R v Mahasay [2002] WASCA 336
R v Pinkstone (2001) 24 WAR 406
R v Pinkstone [2001] WASC 172; (2001) 24 WAR 406
R v Porter (2001) 53 NSWLR 354
R v Porter [2001] NSWCCA 441; (2001) 53 NSWLR 354

Serrette v The Queen [2000] WASCA 405

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : CAMERON -v- THE QUEEN [2004] WASCA 16 CORAM : STEYTLER J
    MCKECHNIE J
    WALLWORK AJ
HEARD : 7 NOVEMBER 2003 DELIVERED : 9 FEBRUARY 2004 FILE NO/S : CCA 18 of 2002 BETWEEN : JOHN LEONARD CAMERON
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Application for extension of time to appeal against conviction - Lengthy delay unexplained in part - No merit in grounds of appeal - No injustice - Constitution - Offence under Commonwealth law - No inconsistency




Legislation:

Commonwealth Places (Application of Laws) Act 1970 (Cth)


Misuse of Drugs Act (WA) 1981

(Page 2)

Result:

Application for extension of time refused




Category: D


Representation:


Counsel:


    Applicant : In person
    Respondent : Mr R E Cock QC & Ms K L Ellson


Solicitors:

    Applicant : In person
    Respondent : State Director of Public Prosecutions



Case(s) referred to in judgment(s):

Cameron v The Queen (2002) 209 CLR 339
Cameron v The Queen [2000] WASCA 286
Cameron v The Queen [2002] WASCA 81
Narkle v The Queen, unreported; CCA SCt of WA; Library No 6108; 2 December 1985
R v Holmes (1988) 93 FLR 405
R v Mahasay [2002] WASCA 336
R v Pinkstone (2001) 24 WAR 406
R v Pinkstone [2001] WASC 172; (2001) 24 WAR 406
R v Porter (2001) 53 NSWLR 354
R v Porter [2001] NSWCCA 441; (2001) 53 NSWLR 354

Case(s) also cited:



Serrette v The Queen [2000] WASCA 405


(Page 3)

1 STEYTLER J: I have had the advantage of reading, in draft, the judgment of McKechnie J. I agree with him, for the reasons which he has given, that…

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Cameron v The Queen [2004] WASCA 16
Case
[2004] WASCA 16
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the applicant, Cameron, sought an extension of time to appeal against his conviction for an offence under Commonwealth law. The respondent, The Queen, opposed the application on the basis that the applicant had not provided a satisfactory explanation for the delay in lodging the application and that the grounds of appeal had no merit. The court was required to determine whether the application for an extension of time should be granted.

The court considered whether the delay in lodging the application was satisfactorily explained and whether there was any merit in the grounds of appeal. The court found that the delay was not satisfactorily explained and that there was no merit in the grounds of appeal. The court also considered whether there was any injustice in refusing the application for an extension of time and whether the decision was consistent with the Constitution. The court found that there was no injustice in refusing the application and that the decision was consistent with the Constitution.

The court refused the application for an extension of time. The court found that the delay in lodging the application was not satisfactorily explained and that there was no merit in the grounds of appeal. The court also found that there was no injustice in refusing the application and that the decision was consistent with the Constitution. The applicant's appeal against his conviction was therefore dismissed.

Orders

Orders of the court

Application for extension of time refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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