SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0026
| PISEY PRASOEUR | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, REDLICH and WEINBERG JJA | |
| WHERE HELD: | MELBOURNE | |
| DATE OF HEARING: | 15 July 2014 | |
| DATE OF JUDGMENT: | 22 December 2014 | |
| MEDIUM NEUTRAL CITATION: | [2014] VSCA 354 | 1st Revision 25 September 2015 — [39] |
| JUDGMENT APPEALED FROM: | [2006] VSC 41 (Bell J) | |
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CRIMINAL LAW - Appeal – Conviction – Murder – Extension of time application – Refusal by Deputy Registrar to extend time - Election against refusal – Delay of 8 years in filing application – Applicant encouraged by fellow prisoner – No satisfactory explanation for delay - Whether verdict unsafe and unsatisfactory – Reasonable jury not bound to doubt applicant’s guilt – Application refused – R v Darby (Unreported, Supreme Court, Court of Criminal Report, Gowans, Lush and Crockett JJ, 2 May 1975); Efandis v The Queen [2014] VSCA 42; M v The Queen (1994) 181 CLR 487; Patel v The Queen (2012) 247 CLR 531 applied.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant In person | ||
| For the Respondent | Mr D Trapnell QC | Mr C Hyland, Solicitor for Public Prosecutions |
MAXWELL P
REDLICH JA
WEINBERG JA:
Summary
In September 2005, the applicant was convicted of murder. In February 2006, he was sentenced to 20 years’ imprisonment, with a non-parole of 15 years.
In February this year, some eight years after he was sentenced for murder, the applicant applied for an extension of time within which to seek leave to appeal against his conviction. The applicant was represented at his trial by experienced counsel, but is now representing himself. As will appear, he has acted on the advice and guidance of other prisoners.
For reasons which follow, the application for an extension of time must be refused. First, there is no satisfactory explanation for what is, on any view, a quite extraordinary delay. Secondly, and in any event, we have examined the proposed grounds of appeal and have concluded that they are without merit.
It is perhaps not surprising that a person in the applicant’s position, serving a lengthy term of imprisonment, would be receptive to advice and encouragement from fellow prisoners about the possibility of an appeal. But the outcome of the present application demonstrates just how unreliable such advice can be, and how likely it is to create false hope of success.
The application for an extension of time
The applicant was convicted of murdering Aneta Pochopien. The applicant had worked with Ms Pochopien at the same factory, and they had had a sexual relationship.
The applicant was distressed when Ms Pochopien brought the relationship to an end. She had become pregnant to him but terminated the pregnancy.
In seeking to explain his failure to seek leave to appeal in 2006 following the sentence, the applicant said that he had been ‘mentally incapable of constructing an appeal’. The murder of a person he loved had left him ‘in a confused and distraught state of…
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- AGLC
- Pisey Prasoeur v The Queen [2014] VSCA 354
- Case
- [2014] VSCA 354
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the delay in filing the application was excusable and whether the verdict was unsafe and unsatisfactory. The applicant argued that the delay was due to the encouragement from a fellow prisoner, but the court noted that the applicant had not provided a satisfactory explanation for the delay. The court also had to consider whether a reasonable jury, properly directed, would be bound to doubt the applicant's guilt. The court examined the evidence and concluded that there was no basis for doubting the applicant's guilt.
The court found that the delay in filing the application was not excusable, and the applicant had not provided a satisfactory explanation for the delay. The court also found that a reasonable jury, properly directed, was not bound to doubt the applicant's guilt. The court held that the verdict was safe and satisfactory and dismissed the application. The court relied on several cases, including R v Darby, Efandis v The Queen, M v The Queen, and Patel v The Queen, to support its decision. The court refused the application for an extension of time and upheld the conviction and sentence of the applicant.
Orders
Orders of the court
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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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