Federal Court of Australia
CATCHWORDS
Practice and procedure - Jurisdiction of Court to stay criminal proceedings on indictment preferred by Attorney-
General - Whether particular circumstances would justify a
stay.
JOHN MICHAEL HELMHOUT v. THE QUEEN
A.C.T. G33 of 1981
Coram: Bowen C.J., Deane and Sheppard JJ.
18 December 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. G33 of 1981
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN
~~ JOBN MICHAEL HELMHOUT
Appellant AND: THE QUEEN Respondent ORDER JUDGES MAKING ORDER: . Bowen C.J., Deane and Sheppard Jd. DATE OF ORDER: 18 December 1981 WHERE MADE: Sydney.
THE COURT ORDERS THAT the appeal be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY No. G33 of 1981
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN: JOHN MICHAEL HELMHOUT
Appellant
AND: THE QUEEN
Respondent
CORAM: Bowen C.d., Deane and Sheppard JJ.
18 December 1981.
REASONS FOR JUDGMENT
The facts of this case reveal a chain of events that is extraordinary and for the appellant, John Machael Helmhout, most unfortunate. On 4 November 1978 Mr. Helmhout was charged with wounding his brother, David Peter Helmhout, with intent to murder and also with wounding him with intent to cause
grievous bodily harm. On 15 and 16 January 1979 the Court of
Petty Sessions in Canberra heard committal proceedings. He was committed to stand trial. His trial was held by the Australian Capital Territory Supreme Court, commencing on 12 February 1980 and continuing to 15 February 1980 when he was found not-guilty of wounding with intent to murder but was convicted of wounding with intent to cause grievous bodily harm. On 20 February 1980 he was sentenced to imprisonment for 3 years with a non-parole period of 18 months... He appealed against his conviction and sentence. His appeal was heard before the Full Court of this Court on 29 and 30 September 1980. Judgment was given on 20 October 1980 and the
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