R v Austin

The applicant, a serving police officer, sought leave to appeal his conviction for offences alleged to have occurred between April 2007 and January 2008. The dispute centred on the applicant's actions in accessing confidential police databases and providing information to his brother-in-law, Mr Schaaij, who was employed by a debt collection agency. The prosecution contended that the applicant's conduct breached police General Orders by providing information to a third party, which assisted Mr Schaaij in locating debtors. The applicant admitted accessing the databases and providing the information but maintained he acted honestly and reasonably, believing his actions were part of his official duties in recovering stolen motor vehicles, and that he was permitted to use the information under guidelines related to the *Motor Vehicles Act 1959* (SA).

The Court of Criminal Appeal was required to determine whether the applicant had an arguable ground of appeal against his conviction. Specifically, the court considered whether the applicant's defence of honest and reasonable belief was adequately addressed at trial and whether the trial judge's summing up was fair and balanced in relation to this defence. The court also had to consider the application for an extension of time to file the appeal, which was substantially out of time.

The court found that the issue of honest and reasonable belief was thoroughly explored during the trial, including in counsel's final submissions and the judge's summing up. Upon reviewing the summing up, the court concluded that it was both fair and balanced, and that appropriate directions had been given to the jury. Consequently, the court determined that the applicant had not established any arguable ground of appeal.

The Court of Criminal Appeal extended the time for the applicant to bring his application for leave to appeal to 28 August 2013. However, the court refused permission to appeal.