Federal Court of Australia
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UUDGMENT No. seid. Et IN THE FEDEPAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERPTTORY
No. ACT 6337 of 1984 DISTRICT REGISTRY
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GENERAL DIVISION
BETWEEN : CHRISTOPHER JAMES COSGROVE
Applicant
AND: THE QUEEN
Respondent
JURGE MAKING ORDER: Neaves J.
DATE OF ORDER: 12 November 1984 WHERE MADE: Canberra
THE COURT ORDERS THAT the applicat:on be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G337 of DISTRICT REGISTRY
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GENERAL DIVISION
BETWEEN: CHRISTOPHER TAMES COSGPOVE Applicant ANT - THE QUEEN
CORAM: Neaves J.
DATE: 12 November 1984
REASONS FOR JUDGMENT
Neaves J.:
This is an application unter section 24 of the
Federal Court of Australia Act 1976 for leave to appeal from
what 1s described in the application as "the judgment of his
Honour Mr Justice Gallop given on Tuesday, 30 October 1984
at Canberra in the Supreme Court of the Australian Capital
Territory".
Christopher James Cosgrove ("the applicant") is to appear befor? the Supreme Court of the Australian Capital
Territory on 13 November 1984 on two charges of armed
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robbery and one charge of possession of property stolen outside the Australian Capital Territory. The offences are
alleged to have been committed on or about 11 October 1982.
The applicant was committed for tcial on those charges on 5
January 1983.
The Court was informed, as was Gallop J. on 30 Yctober 1984, that the applicant proroses to plead cuiity
when arraiqned on those charges on 13 November 1984.
Upcn the applicant becoming aware that the Supreme Court of the Australian Capital Territory when hearing the charges against him would be constituted by Gallop J., an approach was made through the Clerk to the Juddes of that Court inviting the learned Judge to disqualify himself from
hearing the ercceedings.
His Honour sat in open court on 30 October 1984 to enable the matter 'to be canvassed. Counsel for the applicant referred to the basis of the application and submitted that the circumstances were such that his Honour should disqualify himself. Counsel for the Crown informed his Honour that the Crown raised no objection to his Honour hearing the proceedings, placing some reliance on the circumstance that the proceedings were to be for sentence only. After hearing the submissions Gallop J. declined to
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