Director of Public Prosecutions (ACT) v Eastman [2002] FCAFC 209

FEDERAL COURT OF AUSTRALIA

Director of Public Prosecutions (ACT) v Eastman

[2002] FCAFC 209

CRIMINAL LAW – inquiry subsequent to conviction – inquiry directed by judge of the Supreme Court – whether a doubt or question as to the fitness to plead of an accused who is convicted is a doubt or question as to his or her guilt – meaning of word guilt – s 475 Crimes Act 1900 (ACT).

PROCEDURE – standing – power of Director of Public Prosecutions (ACT) to bring proceedings – whether Director a person aggrieved – Administrative Decisions (Judicial Review) Act 1989 (ACT) – proceedings out of time – whether extension of time should be granted. Administrative Decisions (Judicial Review) Act 1989 (ACT), ss 3(4)(a)(i) and 5(1) Crimes Act 1900 (ACT), s 475 Director of Public Prosecutions Act 1990 (ACT), ss 6 and 18 Re Conviction of Chamberlain (1988) 93 FLR 239 referred to Paramasivam v Flynn (1998) 90 FCR 489 considered R v Judge Martin; Ex parte Attorney-General [1973] VR 339 referred to R v Mailes (2001) 53 NSWLR 251 referred to Varley v Attorney-General (NSW) (1987) 8 NSWLR 30 considered

DIRECTOR OF PUBLIC PROSECUTIONS (ACT) v DAVID HAROLD EASTMAN & ORS A 26 of 2002 WHITLAM, MADGWICK and GYLES JJ 3 JULY 2002 SYDNEY (HEARD AT CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 26 of 2002

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF

THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: DIRECTOR OF PUBLIC PROSECUTIONS OF THE AUSTRALIAN CAPITAL TERRITORY

APPELLANT

AND: DAVID HAROLD EASTMAN

FIRST RESPONDENT

IAN PIKE

SECOND RESPONDENT

ATTORNEY-GENERAL OF THE AUSTRALIAN CAPITAL TERRITORY

THIRD RESPONDENT

THE HONOURABLE CHIEF JUSTICE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY