Parker v The Queen [2002] FCAFC 133

FEDERAL COURT OF AUSTRALIA

Parker v The Queen [2002] FCAFC 133 CRIMINAL LAW – application for leave to appeal against conviction – application filed fourteen months after conviction recorded – consideration of explanation for delay – certain inadmissible evidence received – whether inadmissible evidence might have affected jury – consideration of merits – whether any question of a miscarriage of justice.

Federal Court Rules, Order 52 r 15 Administrative Decisions (Judicial Review) Act 1977 (Cth) Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, referred to Jess v Scott (1986) 70 ALR 185, cited Salter Rex & Co v Ghosh [1971] 2 QB 597, cited Hughes v National Trustees Executors & Agency Co of Australasia Ltd [1978] VR 257, cited Ratnam v Cumarasamy [1964] 3 All ER 933, cited Zocchi v The Queen [2000] 116 A Crim R 245, cited Jeffers v R (1993) 112 ALR 85, cited Williams [2000] 119 A Crim R 490, cited R v Lawrence [1980] 1 NSWLR 122, applied Gavin v The Queen (1992) 6 WALR 195, cited JOHN BARRINGTON PARKER v THE QUEEN No A 73 of 2001 SPENDER, O'LOUGHLIN, DOWSETT JJ CANBERRA 17 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 73 OF 2001

APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION

BETWEEN: JOHN BARRINGTON PARKER

APPLICANT

AND: THE QUEEN

RESPONDENT

JUDGES: SPENDER, O'LOUGHLIN, DOWSETT JJ

DATE OF ORDER: 17 May 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The application for an extension of time within which to appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 73 OF 2001

APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION

BETWEEN: JOHN BARRINGTON PARKER