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:
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:
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).
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
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.
That application came before the Supreme Court on…
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- Case
- [2012] ACTCA 60
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether to grant a stay of sentencing proceedings. This involved considering the potential fragmentation of proceedings and the proximity in time of the scheduled appeal hearing.
Refshauge J determined that the application for a stay was a matter best determined by the full bench of three judges who were already scheduled to hear the appeal. Accordingly, the application was referred to that bench for determination. The Court made no substantive orders regarding the stay itself, but rather directed that the application be heard by the appellate judges.
Orders
Orders of the court
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.
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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