Tazroo v Police No. Scciv-02-268 Summary

TAZROO v POLICE
[2002] SASC 381
Full Court: Doyle CJ, Mullighan and Besanko JJ

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.
He appealed against the conviction. Lander J dismissed the appeal. The judgment is dated 21 May 2002.
Mr Tazroo applied to Lander J for leave to appeal to the Full Court. Lander J refused leave to appeal, on 16 August 2002.
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.
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.
We would extend time for the making of an application to the Full Court for leave to appeal to 23 October 2002.
Leave to appeal is granted, usually, only if there is a point of principle or if the interests of justice so require.
Mr Tazroo has provided a detailed summary of argument.
We cannot find any point of general principle that arises.
Mr Tazroo wishes to reargue the appeal against conviction.
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.
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.
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.

CaseChat Overview and Summary

The case before the court was an appeal by Mr Tazroo against his conviction in the Magistrates Court for remaining in a non-residential building as a trespasser with the intention of committing an offence, specifically larceny. Lander J had previously dismissed Mr Tazroo's appeal against this conviction, and his subsequent application for leave to appeal to the Full Court was also dismissed. The Full Court was now being asked to extend the time for Mr Tazroo to appeal to the Full Court and to grant leave to appeal.

The primary legal issues before the Full Court were whether to extend the time for Mr Tazroo to apply for leave to appeal and whether to grant leave to appeal against the decisions of Lander J. The court considered whether there was any point of principle or if the interests of justice required leave to be granted. The court also considered whether the arguments raised by Mr Tazroo had any substance, particularly in relation to the use of a surveillance tape by the prosecution and the withdrawal of the appeal against sentence.

The Full Court found that while Mr Tazroo had difficulty completing the necessary documentation due to his incarceration, there was no point of general principle that arose from his appeal. The court determined that the surveillance tape was not prejudicial in the way Mr Tazroo argued, and there was no substance to the other points raised. The court also noted that Mr Tazroo had withdrawn the appeal against sentence, and Lander J had already considered and dismissed it as having no merit. As such, the Full Court decided to extend the time for Mr Tazroo to apply for leave to appeal to the Full Court but refused leave to appeal against the decisions of Lander J.

The Full Court's final orders were to extend the time for Mr Tazroo to apply for leave to appeal to the Full Court to 23 October 2002, but to 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.

Tazroo v Police No. Scciv-02-268

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established