Phillip Mark Stamp v The Queen

[2013] HCASL 21

PHILLIP MARK STAMP

v

THE QUEEN

[2013] HCASL 21
D7/2012

1. On 28 May 2010, following a jury trial in the Supreme Court of the Northern Territory, the applicant was convicted of eight offences.  On 10 June 2010, he was sentenced by the trial judge (Kelly J) to imprisonment for a total of 11 years with a non-parole period of seven years.

2. The applicant sought extensions of time to appeal against both his conviction and sentence.  The Court of Criminal Appeal (Riley CJ, Southwood J and Olsson AJ) considered each of the applicant's proposed grounds of appeal in detail and held that none could be sustained.  It refused the applications for extensions of time on 19 September 2012.

3. The applicant seeks special leave to appeal against the part of the judgment of the Court of Criminal Appeal refusing his application for an extension of time within which to appeal against his conviction.  The applicant requires an extension of time within which to file his application.  That extension should be refused.

4. The applicant's proposed grounds of appeal are that certain evidence should not have been admitted; that his counsel's alleged failure to pursue points "in a much more vigorous manner" occasioned a miscarriage of justice; and that certain inconsistencies in the evidence at trial "were placed before the jury, but not in the manner instructed".  In substance, each of those grounds was considered and rejected by the Court of Criminal Appeal.  The interests of justice do not require the grant of special leave.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 March 2013 S.J. Gageler