R v Gould No. Sccrm-99-111, Sccrm-99-153 Judgment No. S488

[1999] SASC 488

R  v  GOULD
[1999] SASC 488

Court of Criminal Appeal: Duggan, Debelle and Lander JJ
Application to be considered in private

1. DUGGAN J.      This matter came before a single judge of the court on an application for leave to appeal against conviction and sentence.

2. After amendment there were seven grounds of appeal against conviction.  The single judge granted leave to appeal on grounds 1 and 5, and refused leave to appeal on grounds 2, 3, 4, 6 and 7.  He also refused lave to appeal against sentence.

3. The applicant then applied to the Full Court for leave to appeal on all grounds in respect of which leave had been refused.  He also applied to the Full Court for leave to appeal against sentence.

4. The application was considered in private by myself, Justice Debelle and Justice Lander.

5. We are unanimously of the view that leave to appeal should be granted on grounds 4 and 7 and that leave should be refused on grounds 2, 3 and 6.

6. We are also unanimously of the view that leave to appeal against sentence should be refused.

7. The order of the court will be as follows: leave to appeal on grounds 4 and 7, in addition to the grounds on which the single judge gave leave.

8. Particulars of ground 7 are to be provided within seven days of today’s date.

9. Leave to appeal is refused on grounds 2, 3 and 6.  Leave to appeal against sentence is refused.

10. In case there should be any confusion about the numbering of grounds, I point out that grounds 1 to 5 are contained in the amended grounds of appeal, and grounds 6 and 7 are contained in the original grounds of appeal.