R v Houston

[2001] VSCA 184

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 129 of 2000

THE QUEEN

v.

DAVID CHARLES HOUSTON

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JUDGES:	BROOKING, CHERNOV and VINCENT, JJ.A.
WHERE HELD:	MELBOURNE
DATE OF HEARING:	18 October 2001
DATE OF JUDGMENT:	18 October 2001
MEDIUM NEUTRAL CITATION:	[2001] VSCA 184

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CRIMINAL LAW - Application for leave to appeal against conviction - Application without foundation.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr B. Kayser	K. Robertson, Solicitor for Public Prosecutions
For the Applicant	In person

BROOKING, J.A. (delivering the judgment of the Court):

1. We have before us an application for leave to appeal against a conviction sustained in the County Court at Geelong on 13 April last year for theft - shoplifting, in fact.  The applicant has appeared in person.  He says that he was disadvantaged by reason of a late change of representation, and that he could not hear what was going on in court, and that he should have given evidence, although his counsel - very experienced in the criminal field, we might say - advised him that he should not give evidence.

1. We think that this application can be disposed of very shortly.  In a sense, the less said about it the better.  We have, of course, read the papers.  We think there is no substance in any of the applicant's complaints and that his conviction was literally inevitable given a jury which properly discharged its function.

1. Accordingly, his application is dismissed.

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