R v Nieterink No. Sccrm-99-212 Judgment No. S481

[1999] SASC 481

R  v  NIETERINK
[1999] SASC 481

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

1. DUGGAN J.      The applicant appealed against conviction on nine grounds.  The application came before a single judge of the court, who granted leave to appeal on grounds 1, 6, 7 and 9 and refused leave on grounds 2, 3, 4, 5 and 8.

2. The applicant then applied to the Full Court for leave to appeal on grounds 2 and 3.  The application was heard in private by myself, Justice Lander and Justice Williams.

3. We are unanimously of the view that leave to appeal should be refused on ground 2.  The majority are agreed that leave to appeal should be refused on ground 3.

4. The order of the court is leave to appeal on grounds 2 and 3 refused.