Federal Court of Australia
pepe ee ar vee
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CATCHWORDS Criminal law - Appeal to set aside a conviction on the grounds of fresh evidence - evidence of perjury of essential crown
witnesses - evidence that evidence of guilt at trial was fabricated - absence of evidence refuting such fabrication - miscarriage of justice - fair trial - whether fresh evidence cogent, feasible and relevant - whether fresh evidence if called at trial would have raised reasonable doubt ~ whether witness so lacking in credibility verdict cannot stand - declaration under s.13(1) of the Fisheries Act (1978)
concerning "all waters" - duplicity in indictment.
Fisheries Act (1978) s.13({1) Criminal Law Consolidation Act
s.341 Indictment Act s.18
DONALD EDGAR HOAR v. THE QUEEN
No. NTG 5 of 1982 Smithers, Toohey, Davies JJ.
31 March 1983
Darwin.
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IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY No. NTG 5 of 1982
ned
GENERAL DIVISION
n OF THE NORTHERN TERRITORY t OF AUSTRALIA
BETWEEN: DONALD EDGAR HOAR
(Appellant)
AND: THE QUEEN
(Respondent)
Judges Making Order: Smithers, Toohey, Davies JJ.
Date of Order: 31 March 1983 Where Made: Melbourne ORDER
The Order of the Court is:
(i) that the appeals against the conviction and sentence in respect of the charges of assaulting apolice officer in the execution of his duty contrary to s.51 of the
Criminal Law Consolidation Act and wilful obstruction of
a police officer in the due execution of his duty contrary to s.51 of the Criminal Law Consolidation Act he
dismissed;
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ON APPEAL FROM THE SUPREME COURT
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(ii)
(iii)
(iv)
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