R v Batrachenko No. Sccrm-99-80 Judgment No. S287

[1999] SASC 287

R v BATRACHENKO
[1999] SASC 287

Court of Criminal Appeal:  Doyle CJ, Wicks & Martin JJ

1. DOYLE CJ:       Mr Batrachenko has appealed against conviction and against sentence.  Certain of the grounds upon which he has appealed require leave to appeal.  The single judge before whom the matter came refused leave to appeal against conviction on ground 1 in the notice of appeal.  The judge refused leave to appeal against sentence on grounds 2 and 3. 

2. By application dated 8 June 1999, the applicant applied to have determined by the Full Court his application for leave to appeal against conviction and against sentence on these grounds.  The application was considered by the Full Court in private pursuant to Rule 15(7) of the Criminal Appeal Rules. 

3. The application was considered by a court comprising Wicks J, Martin J and me. 

4. In relation to the application for leave to appeal against conviction, ground 1 raises the same matter as is raised by ground 2 in the matter of Lutz.  Accordingly, for the same reasons as in that matter, we are of the opinion that leave to appeal should be refused. 

5. Ground 3 of the application for leave to appeal against sentence raises the same matter as is raised by ground 3 of the application by Lutz for leave to appeal against sentence.  Accordingly, for the same reasons as in that matter, we are of the opinion that leave to appeal on that ground should be granted.

6. The Court is of the opinion that leave to appeal on ground 2 should be refused.  It has no prospect of success.

7. Accordingly, in the matter of Batrachenko the order of the court is that leave to appeal against conviction be refused on ground 1 and that leave to appeal against sentence on ground 3 be granted.  Leave to appeal on ground 2 is refused.

8. WICKS J.          I agree with the reasons of the Chief Justice.

9. MARTIN J.        I agree with the reasons of the Chief Justice.