SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 37 of 2007
| THE QUEEN |
| v |
| DAVID REWETI CROFT |
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JUDGES: | REDLICH and KELLAM JJA and OSBORN AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 17 April 2008 | |
DATE OF JUDGMENT: | 17 April 2008 | |
MEDIUM NEUTRAL CITATION: | [2008] VSCA 61 | |
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Criminal law – Application for extension of time to appeal against conviction – Principles to be applied in considering application – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J D McArdle QC | Ms A Cannon, Solicitor for Public Prosecutions |
| The Applicant in person |
REDLICH JA:
I will call on Kellam JA to deliver the first judgment.
KELLAM JA:
This is an application for the extension of time in which to bring notice of application to appeal conviction. Section 572(1) of the Crimes Act 1958 provides that when a person seeks leave to appeal conviction, notice thereof must be given to the Court of Appeal not later than 14 days after he or she has been convicted and sentenced. However the time within which such notice must be given may be extended at any time by the Court of Appeal.
The background to the application
On 18 June 1988 police arrested the applicant, David Reweti Croft, on a charge of trafficking in amphetamine. The evidence before the court was that undercover police officers, Angela King and Gary Attrill attended at premises in the Nepean Highway at Seaford that day purporting to be drug buyers. At the time there were a number of persons present at these premises. One of the undercover police officers was equipped with a recorder and listening device. It is asserted that whilst the police officers were at the premises the applicant arrived carrying a brown paper bag. The applicant was introduced to the undercover police officers as ‘Geoff’. After some discussion, undercover police officer King went outside to a vehicle and returned with $10,000 which was handed over to the applicant in her presence. The applicant then handed over the paper bag to the undercover police officers. Upon that occurring, the premises were raided by police and all persons present were arrested. The contents of the brown paper bag were analysed by a forensic scientist and found to be powder which weighed 446.25 grams in total, of which 27.59 grams were found to be pure methylamphetamine.
A contested committal hearing took place between 31 July 1989 and 3 August 1989. The applicant and four co-accused were committed for trial. On
Tuesday 29 May 1990 the applicant was arraigned before a County Court judge. He pleaded guilty to one count of trafficking in a drug of dependence.
On Wednesday 30 May 1990 the applicant was convicted of the offence and sentenced to be placed upon a Community Based Order for a period of two years with a requirement that he undertake 50 hours of community work. He was asked by the sentencing judge if he consented to entering into such an order. The applicant consented to do…
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- AGLC
- R v Croft [2008] VSCA 61
- Case
- [2008] VSCA 61
- Decision Date
CaseChat Overview and Summary
The court considered the principles that apply when assessing an application for an extension of time to appeal a conviction. These principles include whether the appellant has acted with reasonable diligence in pursuing the appeal, whether there are any special circumstances that may have contributed to the delay, and whether the delay has caused any prejudice to the respondent. In this case, the court found that the appellant had not provided sufficient evidence to demonstrate exceptional circumstances that justified an extension of time. The court held that the appellant's delay in lodging the appeal was not due to any fault on the part of the respondent or any other party, and that the delay had not caused any prejudice to the respondent.
Accordingly, the court refused the application for an extension of time to appeal. The court held that the appellant had not met the threshold for demonstrating exceptional circumstances, and that the application should be dismissed. The court's decision was based on a careful consideration of the principles that apply when assessing such applications, and the specific circumstances of this case. No further orders were made by the court.
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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