Tazroo v Police No. Scciv-02-268

[2002] SASC 381

TAZROO  v  POLICE
[2002] SASC 381

Full Court:  Doyle CJ, Mullighan and Besanko JJ

1. DOYLE CJ, MULLIGHAN AND BESANKO JJ:    Mr Tazroo was convicted in the Magistrates Court on a charge of remaining in a non-residential building as a trespasser with an intention of committing an offence, namely larceny.

2. He appealed against the conviction.  Lander J dismissed the appeal.  The judgment is dated 21 May 2002.

3. Mr Tazroo applied to Lander J for leave to appeal to the Full Court.  Lander J refused leave to appeal, on 16 August 2002.

4. It is apparent from the documents that Mr Tazroo wishes to obtain leave to appeal from the Full Court, to enable him to appeal to the Full Court.  By r 94.01, if an application for leave is refused by the Judge whose decision is complained of, the application can be renewed to the Full Court.

5. Mr Tazroo seeks an extension of time to do so.  We are prepared to grant the extension of time.  The file indicates that Mr Tazroo is in Port Lincoln Prison, and had difficulty completing the necessary documentation.

6. We would extend time for the making of an application to the Full Court for leave to appeal to 23 October 2002.

7. Leave to appeal is granted, usually, only if there is a point of principle or if the interests of justice so require.

8. Mr Tazroo has provided a detailed summary of argument.

9. We cannot find any point of general principle that arises.

10. Mr Tazroo wishes to reargue the appeal against conviction.

11. Some of his arguments rest on a complaint that neither the Magistrate nor the Judge should have viewed a surveillance tape relied on by the prosecution, on the basis that it was prejudicial.  However, as far as we can tell the only prejudice is that referred to by Lander J, namely, that the tape supports the prosecution case.  Mr Tazroo seems to think that because he admits certain basic facts, the surveillance tape could not be used, but that is clearly untenable.  We cannot see any substance in the other points that he raises.

12. As to the sentence appeal, Lander J records that Mr Tazroo withdrew the appeal against sentence.  Nevertheless, Lander J considered that appeal, when considering leave, and was of the view that it had no merit.  We find no reason to grant leave to appeal.

13. In the circumstances, we would extend the time within which to make application to the Full Court for leave to appeal, but refuse leave to appeal against the decisions of Lander J on 21 May 2002 dismissing the appeal against conviction and dismissing the appeal against sentence.