Marsden v The Queen [2002] FCAFC 229

FEDERAL COURT OF AUSTRALIA

Marsden v The Queen [2002] FCAFC 229 CRIMINAL LAW – applications for extension of time within which to appeal against sentence – applications filed five months after sentences imposed – whether "special reasons" for extending time – consideration of merits of proposed grounds of appeal – whether any question of miscarriage of justice – whether primary judged failed to give sufficient weight to prospects of rehabilitation – whether primary judge correctly applied principles of parity

Federal Court Rules, Order 52 r15 Parker v The Queen [2002] FCAFC 133, referred to Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, referred to Jess v Scott (1986) 12 FCR 187, referred to Zocchi v R (2000) 116 A Crim R 245, referred to R v Williams (2000) 119 A Crim R 490, referred to R v Lawrence [1980] 1 NSWLR 122, referred to House v The King (1936) 55 CLR 499, referred to R v Tait and Bartley (1979) 24 ALR 473, referred to Dinsdale v The Queen (2000) 202 CLR 321, referred to DOUGLAS JOHN MARSDEN v THE QUEEN A10 of 2002 JASON PAUL HAWKINS v THE QUEEN A13 of 2002 MILES, MADGWICK AND WEINBERG JJ 12 AUGUST 2002 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A10 of 2002

DISTRICT REGISTRY

BETWEEN: DOUGLAS JOHN MARSDEN

APPLICANT

AND: THE QUEEN

RESPONDENT

A13 of 2002 BETWEEN: JASON PAUL HAWKINS

APPLICANT

AND: THE QUEEN

RESPONDENT

JUDGES: MILES, MADGWICK AND WEINBERG JJ

DATE OF ORDER: 12 AUGUST 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. Each 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 A10 of 2002