Nona v The Queen (No 3)

DENNIS MICHAEL NONA v THE QUEEN [No 3]
[2012] ACTCA 60 (21 December 2012)

APPEAL AND NEW TRIAL – in general and right of appeal – appeal against conviction – application for stay of sentencing proceedings pending appeal hearing – fragmentation of proceedings – proximity in time of appeal hearing – application for stay referred to the bench of three judges hearing the appeal.

Court Procedures Rules 2006 (ACT)

Gerlach v Clifton Bricks Pty Ltd (2002) 209 CLR 478
Nona v The Queen [2012] ACTCA 55
R v De Marchi [1983] 1 VR 619
R v Meyboom (2012) 256 FLR 450
R v Nona (2012) 6 ACTLR 203
R v WR [2009] ACTSC 93

EX TEMPORE JUDGMENT

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

No. ACTCA  33 – 2012
No. SCC 447 of 2009

Judge:           Refshauge J
Court of Appeal of the Australian Capital Territory
Date:            21 December 2012

IN THE SUPREME COURT OF THE       )          No. ACTCA  33 – 2012

)          No. SCC 447 of 2009
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

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

BETWEEN:DENNIS MICHAEL NONA

Applicant

AND:THE QUEEN

Respondent

ORDER

Judge:  Refshauge J
Date:  21 December 2012
Place:  Canberra

THE COURT ORDERS THAT:

1. The application for a stay of the sentencing proceedings in No SCC 447 of 2009 be referred to the bench of three judges hearing the appeal on 15 February 2013.

IN THE SUPREME COURT OF THE       )          No. ACTCA  33 – 2012

)          No. SCC 447 of 2009
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

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

BETWEEN:DENNIS MICHAEL NONA

Applicant

AND:THE QUEEN

Respondent

Judges:  Refshauge J
Date:  21 December 2012
Place:  Canberra

REASONS FOR JUDGMENT

REFSHAUGE J:

1. On 19 December 2012, I made orders giving leave to the applicant, Dennis Michael Nona, to appeal and other orders relating to the conduct of that appeal.  This morning, I published my reasons for those orders (see Nona v The Queen [2012] ACTCA 55).

1. In the Court of Appeal matter No ACTCA 33 – 2012, I was asked to stay the Supreme Court sentencing proceedings in matter No SCC 447 of 2009 until the hearing of the appeal. 

THE BACKGROUND

1. On 8 September 2010, an indictment was filed in Supreme Court proceedings

   
   

   No SCC 447 of 2009, in which the appellant, Dennis Michael Nona, was charged with two counts of sexual intercourse with a person under the age of 16 years, one count of committing an act of indecency on a person under the age of 16 years and one count of committing an act of indecency in the presence of a person under the age of 16 years.  Mr Nona applied for a stay of those and other proceedings, namely, those numbered No SCC 378 of 2010.

1. That application came before the Supreme Court on…