CITATION:Theisinger v Rigby [2018] NTCA 8
PARTIES: THEISINGER, Nigel
v
RIGBY, Kerry Leanne
TITLE OF COURT: COURT OF APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: APPEAL from the SUPREME COURT exercising Northern Territory jurisdiction
FILE NO:AP 3 of 2018 (21722152)
DELIVERED: 29 June 2018
HEARING DATES: 30 May 2018
JUDGMENT OF: Grant CJ, Blokland and Barr JJ
CATCHWORDS:
CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – OFFENCES AGAINST THE PERSON – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – LIMITATION OF TIME FOR PROSECUTION
Appeal against two convictions for unlawful stalking – whether complaint filed within six month limitation period – whether denial of natural justice by refusal to grant adjournment – whether verdict unsafe and unsatisfactory – appeal dismissed.
Criminal Code (NT) s 189
Local Court (Criminal Procedure) Act (NT) s 52Adams v Watson (1938) 60 CLR 548, Byrne v Menzies [1931] SASR 264, GAX v The Queen (2017) 344 ALR 489, M v Hill (1993) 114 FLR 59, M v The Queen (1994) 181 CLR 487, Parisienne Basket Shoes Pty Ltd v White (1937-1938) 59 CLR 369, SKA v The Queen (2011) 243 CLR 400, referred to.
REPRESENTATION:
Counsel:
Appellant:In person
Respondent: S Geary
Solicitors:
Appellant:Not applicable
Respondent: Office of the Director of Public Prosecutions
Judgment category classification: B
Number of pages: 18
IN THE COURT OF APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWINTheisinger v Rigby [2018] NTCA 8
No. AP 3 of 2018 (21722152)
BETWEEN:
NIGEL THEISINGER
Appellant
AND:
KERRY LEANNE RIGBY
Respondent
CORAM: GRANT CJ, BLOKLAND and BARR JJ
REASONS FOR JUDGMENT
(Delivered 29 June 2018)
THE COURT:
This is an appeal from the decision of the Supreme Court dismissing the appellant’s appeal against two convictions for the offence of unlawful stalking entered by the Local Court.
The decision of the Local Court
By complaint taken on 11 May 2017, the appellant was charged with seven offences alleged to have taken place variously between November 2016 and May 2017. They were:
(a)stalking Cheyenne Gage on 24 November 2016 (for reasons discussed further below, the complaint was amended during the course of the trial to allege that the offence took place between 16 September 2016 and 27 November 2016);
(b)behaving in a disorderly manner in Mitchell Street between 1 and 16 January 2017 by throwing eggs at the Hotel Darwin premises;
(c)behaving offensively in the Hotel Darwin on 23 January 2017 by urinating on the front steps of the Hotel Darwin;
(d)stalking Penelope Phillips between 12 February and 14 March 2017;
(e)trespassing on the premises of the Hotel Darwin after warning on 13 February 2017;
(f)trespassing on the premises of the Hotel Darwin after warning on 21 February 2017; and
(g)possessing less than a trafficable quantity of cannabis in a public place on 10 May 2017.
In the disposition of those charges:
(a)the appellant was found guilty of stalking Ms Gage;
(b)the appellant was found not guilty of behaving in a disorderly manner in Mitchell Street;
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- Theisinger v Rigby [2018] NTCA 8
- Case
- [2018] NTCA 8
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the complaint was filed within the six-month limitation period and whether the Local Court denied the appellant natural justice by refusing to grant an adjournment. The appellant also argued that the verdicts were unsafe and unsatisfactory. The court was required to determine whether the Local Court had jurisdiction to hear the appeal and whether the appeal was well-founded.
The Supreme Court found that the complaint was filed within the six-month limitation period, and that the Local Court did not deny the appellant natural justice by refusing to grant an adjournment. The court found that the Local Court had considered the matter thoroughly and had given the appellant a fair opportunity to present his case. The Supreme Court also found that the verdicts were safe and satisfactory, and that there was no error in the proceedings that would warrant a different outcome. The appeal was dismissed.
The Supreme Court did not make any further orders in relation to the appeal. The convictions for the two counts of unlawful stalking remained in place, and the appellant’s sentence was upheld.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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