Greg Evans (aka Gregorious Evangelatos) v The Queen

[2007] HCATrans 529

[2007] HCATrans 529

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S477 of 2006

B e t w e e n -

GREG EVANS (AKA GREGORIOUS EVANGELATOS)

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 SEPTEMBER 2007, AT 9.19 AM  

Copyright in the High Court of Australia

GUMMOW J:   After a trial in the District Court of New South Wales before Woods DCJ and a jury, the applicant was convicted of one count of defrauding the Commonwealth and one count of dishonestly causing a loss to another person which is a Commonwealth entity. The two counts related to the same course of conduct, namely the applicant's simultaneous receipt of social security benefits in the name of Greg Evans and in the name of Gregorious Evangelatos. The applicant was sentenced on 20 September 2004 to a term of imprisonment for 28 months on the first count and to a term of one month for the second count, to be served concurrently. The applicant was to be released after 12 months, conditional upon his entry into a good behaviour bond for a further 16 months.

The applicant appealed to the Court of Criminal Appeal against both conviction and sentence. He represented himself and pressed a number of grounds, each of which was correctly rejected by the court in its judgment of 3 November 2006. No error had been shown in the trial judge's summing up, and the factual matters pressed by the applicant did not indicate that the jury's verdict was unsafe or unsatisfactory. Nor was any error shown in the applicant's sentence.

The application for special leave to appeal is made out of time, and in any event does not advance any question of law that would justify the intervention of this Court. The purported grounds of appeal each concern factual matters and there are no prospects of success on any appeal to this Court.  Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Justice Heydon and myself.

AT 9.21 AM THE MATTER WAS CONCLUDED