Ross John McIntyre v The Queen [1982] FCA 297

CATCHWORDS

Criminal law - appeal against conviction for conspiracy refusal to grant adjournment after withdrawal of legal representation - reception of inadmissible evidence - corroboration of evidence of accomplices - nature and extent of duty of trial judge in warning jury - whether

miscarriage of justice has occurred.

ROSS JOHN McINIYRE v. THE QUEEN

N.T.G. No. 37 of 198yl

Franki, Toohey and Fisher JJ. Perth 21 December 1982

Weette -

IN THE FEDERAL COURT OF AUSTRALIA ) )

NORTHERN TERRITORY DISTRICT REGISTRY ) No. NT G37 of 198 ) )

GENERAL DIVISION

ON APPEAI, FROM THE SUPREME COURT OF THE NORTHERN TERRITORY

ROSS JOHN McINTYRE

Appellant AND: THE QUEEN Respondent ORDER CORAM: Franki, Toohey and Fisher JJ.

DATE: 21 December 1982 WHERE MADE: Perth

THE COURT ORDERS THAT:

The appeal is allowed in respect of the conviction on the charge of conspiracy. The verdict on that charge is set aside, the conviction is quashed and a new trial on that

charge is ordered. Otherwise the appeal is dismissed.

IN THE FEDERAL COURT OF AUSTRALIA ) {

NORTHERN TERRITORY OF AUSTRALIA ) NO. N.T.G. 37 of 198k

DISTRICT REGISTRY GENERAL DIVISION )

On appeal from the Supreme Court of the Northern Territory

BETWEEN: ROSS JOHN McINTYRE

Appellant AND: THE QUEEN

Respondent

CORAM: Franki, Toohey and Fisher JJ.

21 December 1982

REASONS FOR JUDGMENT

FRANKI J. Ross John McIntrye, the appellant, was convicted on 28

September 1981 of committing the following offences: (a) Conspiring to commit an offence against the law of the Northern Territory, contrary to s.53(1) of the Criminal

Law and Procedure Act of the Northern Territory;