SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Vojneski v The Queen |
Citation: | [2015] ACTCA 44 |
Hearing Date: | 15 July 2015; 14, 25 August 2015 |
DecisionDate: | 31 August 2015 |
Before: | Penfold J |
Decision: | Leave is granted to the applicant to appeal out of time against his conviction for murder, and for that purpose to amend the notice of appeal against sentence filed on 12 November 2014, including by adding proposed grounds of appeal (f) and (g) as set out at [37] below. |
Category: | Interlocutory application |
Catchwords: | CRIMINAL LAW – APPEAL AND NEW TRIAL – leave to appeal conviction out of time – explanation for delay – prejudice to Crown – merits of proposed appeal – whether reasonable probability of miscarriage of justice if leave refused. EVIDENCE – Admissibility and Relevance – tendency evidence – capacity of evidence to prove tendency – probative value of tendency evidence to prove fact in issue – fact in issue was appellant’s presence at murder – failure to identify probative value of evidence in relation to accused’s presence – evidence otherwise highly prejudicial. |
Legislation Cited: | Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Criminal Appeal Act 1912 (NSW), s 6(1) Supreme Court Act 1933 (ACT), ss 37J, 37O, 37O(2)(a)(i), 37O(2)(a)(ii), 37O(2)(a)(iii), 37O(3) |
Cases Cited: | CW v The Queen [2010] VSCA 288 Dupas v The Queen (2012) 40 VR 182 The Queen vMeyboom (2012) 256 FLR 450 |
Parties: | Aleksander Vojneski (Appellant) The Queen (Respondent) |
Representation: | Counsel Mr S Gill (Appellant) Mr S Drumgold (Respondent) |
| Solicitors Darryl Perkins Solicitors (Appellant) ACT Director of Public Prosecutions (Respondent) | |
File Number: | ACTCA 20 of 2015 |
Decision under appeal: | Court: ACT Supreme Court Before: Burns J Date of Decision: 11 November 2014 Case Title: R v Vojneski Citation: R v Vojneski (No 4) [2014] ACTSC 307 |
Introduction
On 3 September 2014, Aleksander Vojneski was found guilty by a jury of the murder of Paula Conlon on 27 March 2012.
On 11 November 2014, he was sentenced to life imprisonment.
No notice of appeal against the finding of guilt was filed, but Mr Vojneski filed a notice of appeal against his sentence on 12 November 2014.
The application
On 7 May 2015, Mr Vojneski, by new solicitors, filed an application for leave to appeal…
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- AGLC
- Vojneski v The Queen [2015] ACTCA 44
- Case
- [2015] ACTCA 44
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether there was a reasonable probability of a miscarriage of justice if leave to appeal out of time were refused, and the admissibility and relevance of certain tendency evidence. Specifically, the Court considered whether the tendency evidence had the capacity to prove the fact in issue – the appellant's presence at the murder – and whether its probative value outweighed its highly prejudicial nature.
Penfold J granted leave to appeal out of time. The Court found that the proposed grounds of appeal, particularly concerning the admission of tendency evidence, raised arguable points. The failure to adequately identify the probative value of this evidence in relation to the appellant's presence at the scene, coupled with its inherently prejudicial nature, suggested a potential miscarriage of justice. Accordingly, leave was granted to amend the notice of appeal to include these grounds.
Orders
Orders of the court
Leave is granted to the applicant to appeal out of time against his conviction for murder, and for that purpose to amend the notice of appeal against sentence filed on 12 November 2014, including by adding proposed grounds of appeal (f) and (g) as set out at [37] below.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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