Federal Court of Australia
B CATCHACRDS
Criminal law - appeal against conviction for murder - submission that verdict perverse because on the probabilities injuries causing death not inflicted at time when appellant in victim's presence - submission rejected - challenge to exercise of trial gudge's discretion in refusing to discharge jury on three occasions - challenge rejected - submissions based on various aspects of conduct of trial also rejected -
no question of principle involved - appeal dismissed.
Ante rich v, The Gueen
No. FC 45 of 1979
Corat: Blackburn, St.John and Shepperd JJ. Date: 27th March, 1980
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
CANBERRA DISTRICT REGISTRY No. FC 45 of 1979
GENERAL DIVISION
JUDGES MAKING ORDER ;
DATE OF ORDER :
WHERE MADE :
THE COURT ORDERS THAT:
On appeal from the Supreme Court of the Australian Capitel Territory
Between
ANTE ERICH
Appellant
and
Respondent
ORDER
Blackburn, St.John and Shevpard JJ. 27th March, 1980
Canberra
The appeal be dismissed.
IN THE FEDERAL CCURT OF AUSTR+LIA ? CANBERRA DISTRICT REGISTRY No. FC 45 of 1979 GENERAL DIVISTCH
On appeal from the Supreme Court of the Australian Capital Territory
Between
aNTE ERICH
Appellant and
TYE UUEEN
Respondent
CORAM; Blackburn, St.John and Sheppard, JJ.
REASUMS FOR CUDGh UT
Sn JUNE LS8eu THE COURT:
The appellant, Ante Erich, apnealed ugeinst his conviction and sentence upon a 'charge of the imura_r of one Stanislawa algas. The date of the appellant's conviction was 14th Decenber, 1979, The trial was a lengthy one, it having commenced on 19th November, 1979. The appeal was neurd on 25th, 26th and 27th March, 1980. At tne conclusion of the heartns of 1t the appeal was dismissed. We announced thet we ould publish our reasons later, what follows are our reasons for dismissing the
aupeal,
There is no question, and there was no issue at tne trial or upon the hearing of the appeal, tiet Mrs. W2 murdered on Monday, 13th March, 1678, at her rome, itto,1?
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