R v Bednikov No. Sccrm-97-328 Judgment No. S6550

[1998] SASC 6550

R v BEDNIKOV

Court of Criminal Appeal
Coram:  Doyle CJ, Olsson & Williams JJ

Doyle CJ

The applicant has been granted leave to appeal against his convictions for manslaughter and for murder.  The convictions were recorded consequent upon a verdict of a jury.

Leave to appeal was granted by Nyland J on grounds 1 and 2 set out in the Notice of Appeal.  Her Honour refused leave to appeal against conviction on ground 3 only.

By application dated 24 December 1997, the applicant applied to have determined by the Full Court his application for leave to appeal against conviction on ground 3.  The application was considered by the Full Court in private pursuant to rule 15(7) of the Supreme Court Criminal Appeal Rules 1996.

The application was considered by a court comprising me, Olsson J and Williams J.

A majority of the Court, Williams J and I, are of the opinion that leave to appeal should be refused on ground 3.  Olsson J would grant leave to appeal on that ground.

We are of that opinion because we consider that the argument has no real prospect of success.  In our opinion the judge sufficiently drew the jury’s attention to the matter, the subject of the warning or direction that the appellant claims should have been given.

Accordingly the order of the court is that leave to appeal be refused on ground 3.