| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0086 |
| NEVILLE DONOHOUE | Applicant |
| v | |
| THE KING (NO 8) | Respondent |
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| JUDGES: | T FORREST JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 17 June 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 135 |
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REFERRAL of decision of Registrar of Criminal Appeals to refuse to seal and to reject documents constituting proposed notice of application for leave to appeal.
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T FORREST JA:
Donohue was convicted on 10 September 2018 after a trial in the County Court at Melbourne of 12 charges of making a false document, three charges of perverting the course of justice and four charges of perjury. He was subsequently sentenced to a total effective sentence of 4 years and 5 months’ imprisonment with a non-parole period of 2 years and 9 months.
In Donohue (No 6), Taylor JA set out a comprehensive history of Donohue’s various attempts at appealing both his conviction and sentence. I updated that history in Donohue (No 7). In short, Donohue originally sought leave out of time, firstly to appeal against sentence and secondly, in a separate and later application, against conviction. The extensions of time sought in both applications were refused on the basis that there was no prospect of success. In Donohue (No 2), this court described the conviction appeal as ‘hopeless’. The merits of both proposed appeals were fully considered on both occasions.
Since that time, Donohue has peppered this Court and the High Court with equally hopeless applications. He has taken advantage of, and abused, the second or subsequent appeal provisions.[1]
[1]See ‘Part 6.4—Second or subsequent appeal to Court of Appeal’ of the Criminal Procedure Act 2009.
Donohue’s chronological journey through the criminal justice system is set out in the table below.
Date[2]
Court process
Result
1.
25 September 2018
Criminal trial in the County Court.
Donohue was sentenced as described in para [1] of these reasons.[3]
2.
2 July 2019
Application for an extension of time to file a notice of application for leave to appeal against sentence to this Court.
Application refused.[4]
3.
22 November 2019
Application for an extension of time to file a notice of application for leave to appeal against conviction to this Court.
Application refused.[5]
4.
12 June 2020
Application for an extension of time in which to seek special leave to appeal to the High Court this Court’s decision referred to in row 3 of this table.
Application dismissed.[6]
5.
12 November 2020
Application for an extension of time in which to seek special leave to appeal to the High Court this Court’s decision referred to in row 2 of this table.
Application dismissed.[7]
6.
26 November 2020
Application to make a second or subsequent application for leave to appeal against conviction to this Court.
Application refused.[8]
7.
11 March 2021
Application for special leave to appeal to the High Court in respect of this Court’s decision referred to in row 6 of…
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- Case
- [2024] VSCA 135
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Registrar had the authority to refuse to seal and accept the proposed notice of application for leave to appeal without first referring the matter to the full bench of the court. This raised questions about the scope of the Registrar's powers under the Criminal Appeal Act and whether procedural fairness was observed in the decision-making process.
In examining the legal framework, the court considered the relevant statutory provisions and case law concerning the powers of the Registrar. It concluded that the Registrar did not have the authority to make such a decision unilaterally and that the matter should have been referred to the full bench. The court found that the Registrar's decision was procedurally unfair as it did not allow for the appellant's right to be heard and considered on the merits of the application. The court's reasoning emphasised the importance of adhering to statutory mandates and ensuring procedural fairness in the administration of justice.
The High Court quashed the decision of the Registrar, holding that it had acted beyond its statutory authority and failed to observe procedural fairness. The matter was remitted back to the Registrar for reconsideration by the full bench of the court, ensuring that the appellant's application for leave to appeal was properly assessed according to law.
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