John Radman v The Queen

[2003] ACTCA 14

JOHN RADMAN v THE QUEEN [2003] ACTCA 14
(15 May 2003)

EX TEMPORE JUDGMENT

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

No. ACTCA 1 - 2003
No. SCC 90 of 2000

Judges:         Crispin P, Gyles and Weinberg JJ
Court of Appeal of the Australian Capital Territory
Date:  15 May 2003

IN THE SUPREME COURT OF THE       )          No. ACTCA 1 - 2003
  )          No. SCC 90 of 2000
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JOHN RADMAN

Appellant

AND:THE QUEEN           

Respondent

ORDER

Judges:  Crispin P, Gyles and Weinberg JJ
Date:  15 May 2003
Place:  Canberra

THE COURT ORDERS THAT:

1. The appeal against conviction, and the appeal against sentence, be dismissed.

IN THE SUPREME COURT OF THE       )          No. ACTCA 1 - 2003   
  )          No. SCC 90 of 2000    
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JOHN RADMAN     

Appellant

AND:THE QUEEN

Respondent

Judges:  Crispin P, Gyles and Weinberg JJ
Date:  15 May 2003
Place:  Canberra

EX TEMPORE REASONS FOR JUDGMENT

CRISPIN P:

1. I agree with the remarks that have been made by Weinberg J.  Mr Pappas has ably advanced every argument that could reasonably be put forward on behalf of the appellant but for the reasons expressed by Weinberg J, I see no reason to regard the summing up which his Honour gave to the jury as being in any way inadequate.  I see no reason to doubt that the jury properly considered the issues before it and no reason to doubt that the appellant was properly convicted.  I also agree that no ground has been established for finding the sentence imposed upon the appellant to be excessive or for concluding that he should be left with a justifiable sense or grievance having

regard to the sentence imposed upon the co-offenders.  I too would dismiss the appeal.

I certify that the preceding paragraph number one (1) is a true copy of the Reasons for Judgment herein of the Court.

Associate:

Date:     8 August 2003

IN THE SUPREME COURT OF THE       )          No. ACTCA 1 - 2003   
  )          No. SCC 90 of 2000    
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:JOHN RADMAN

Appellant

AND:THE QUEEN

Respondent

Judges:  Crispin P, Gyles and Weinberg JJ
Date:  15 May 2003
Place:  Canberra

EX TEMPORE REASONS FOR JUDGMENT

GYLES J:

1. I agree and do not wish to add anything save on one point, namely, the question of leave to raise points not taken below, particularly in relation to the summing up.  Whilst of course no general rules can be laid down, I agree with what has fallen from Weinberg J about the requirement for leave not being a formality.

1. For my own part, where counsel…