Dennis Michael Nona v The Queen (No 2)

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

Dennis Michael Nona v The Queen (No 2)

Citation:

[2014] ACTCA 48

Hearing Date(s):

18 June 2014

DecisionDate:

20 June 2014

Before:

Refshauge J

Decision:

1. Under r 6 of the Court Procedures Rules 2006 (ACT), so much of the operation of subdiv 5.4.7.2 of those Rules is dispensed with as would prevent the Court hearing and determining the application for an extension of time by Dennis Michael Nona.

2.   So far as is necessary, the time within which Dennis Michael Nona may appeal against the convictions following the verdicts of the jury given on 5 July 2013 is extended to 5 March 2014.

Category:

Principal Judgment

Catchwords:

APPEAL – In General and Right of Appeal – Appeal against conviction – Application for extension of time to appeal against conviction – Reasonable chance of success on appeal – Respondent not misled by Notice of Appeal – No objection raised to appeal for some time – Extension of time allowed.

Legislation Cited:

Supreme Court Act 1933 (ACT), s 37J(1)(b)

Court Procedures Rules 2006 (ACT), rr 6, 5000, 5405, 5472, 5473, subdiv 5.4.7.2

Cases Cited:

Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541

Cookson v The Queen (1989) 45 A Crim R 121
Fox v Percy (2003) 214 CLR 118
Jopar v The Queen (2013) 275 FLR 454
M v The Queen (1994) 181 CLR 487
Merrilees v The Queen [2014] ACTCA 10
Mulcahy v The Queen [2012] ACTCA 3
Nona v The Queen [2014] ACTCA 15
R v Brown [1963] SASR 190
R v Marsh (1935) 25 Cr App R 49
The Queen v Meyboom (2012) 256 FLR 450
R v Nona (Unreported, Australian Capital Territory Supreme Court, Burns J, 25 February 2014)
R v O’Keefe [1979] VR 1
R v Zuber (2010) 175 ACTR 1
R v Murray (1987) 11 NSWLR 12

Parties:

Dennis Michael Nona (Appellant)

The Queen (Respondent)

Representation:

Counsel

Mr S Gill (Appellant)

Ms M Jones  (Respondent)

Solicitors

Porters Lawyers (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number(s):

ACTCA 8 of 2014

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Burns J

Date of Decision:         5 July 2013; 25 February 2014

Case Title:  R v Dennis Michael Nona

Court File Number(s):  SCC 447 of 2009; SCC 378 of 2010

Refshauge J:

  1. On 5 July 2013, the applicant, Dennis Michael Nona, was found guilty by a jury of various sexual offences.  The details are set out in the remarks on sentence (R v Nona (Unreported, Australian Capital Territory Supreme Court, Burns J, 25 February 2014)) and I do not need to repeat them.

  1. On 25 February 2014, Mr Nona was sentenced to a total period of seven years and six months’ imprisonment to commence on 10 August 2012, to take into account pre-sentence custody, and a non-parole period of three years and nine months was set to commence on the same date and end on 9 May 2016.

  1. Mr Nona…

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Details
Case
[2014] ACTCA 48
Decision Date

CaseChat Overview and Summary

Dennis Michael Nona sought an extension of time to appeal against his convictions. The application was heard by Refshauge J of the Supreme Court of the Australian Capital Territory.

The primary legal issue before the Court was whether to grant an extension of time for Mr Nona to lodge his appeal against conviction. This required the Court to consider whether there was a reasonable prospect of success on the substantive appeal and whether the respondent had been misled or prejudiced by any delay.

Refshauge J reasoned that an extension of time should be granted. The Court noted that the respondent had not raised any objection to the appeal for a significant period, suggesting they were not misled by the Notice of Appeal. Furthermore, the Court was satisfied that there was a reasonable chance of success on the appeal itself, which weighed in favour of granting the extension.

The Court ordered that so much of the Court Procedures Rules 2006 (ACT) as would prevent the hearing and determination of the application for an extension of time be dispensed with. The time within which Mr Nona could appeal against his convictions was extended to 5 March 2014.

Orders

Orders of the court

1. Under r 6 of the Court Procedures Rules 2006 (ACT), so much of the operation of subdiv 5.4.7.2 of those Rules is dispensed with as would prevent the Court hearing and determining the application for an extension of time by Dennis Michael Nona.

2. So far as is necessary, the time within which Dennis Michael Nona may appeal against the convictions following the verdicts of the jury given on 5 July 2013 is extended to 5 March 2014.

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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