Stefano Pelle v The Queen [1983] FCA 222

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

)

)

)

) No. ACT G68 of 1983 DISTRICT REGISTRY ) ) )

GENERAL DIVISION

BETWEEN: STEFANO PELLE Applicant AND: THE QUEEN Respondent ORDER JUDGE MAKING ORDER: Neaves J

DATE OF ORDER: 29 August 1983

WHERE MADE: Canberra THE COURT ORDERS THAT:

1. The application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

) ) ) ) No. ACT G68 of 1983 ) ) )

GENERAL DIVISION

BETWEEN: STEFANO PELLE Applicant AND: THE QUEEN Respondent CORAM: Neaves J. DATE: 29 August 1983

REASONS FOR JUDGMENT

This is an application by Stefano Pelle ("the applicant") for bail pending the hearing of an appeal instituted by him in this Court against his con- viction and sentence in the Supreme Court of the Australian Capital Territory on a charge of conspiracy or, alternatively, pending the hearing of an application which he proposes to make to the High Court for the issue of writs of habeas

corpus, prohibition and certiorari.

The applicant was charged with an offence against

paragraph 86(1)(a) of the Crimes Act 1914 (Cwlth). It was

alleged that he conspired with certain named persons and with persons unknown to commit an offence against a law

of the Commonwealth, namely sub-section 4(3) of the Poisons and Narcotic Drugs Ordinance 1978 of the Australian Capital Territory. That sub-section provides that a person who has

a controlled substance:in his possession for the purpose of supplying the substance to another person or to other persons is guilty of an offence. A "controlled substance" is a

substance specified in Schedule 8 or Schedule 12 to the

Ordinance.

The trial was before a Judge and jury. The jury convicted the applicant of the charge laid against him. On 26 August 1983 the applicant was sentenced to imprisonment for a term of two years six months with a non parole period