Federal Court of Australia
CATCHWORDS Criminal law - convictions for armed robbery and assault - identification of accused - accused interviewed bv pofice -
failure of accused to respond to questions except to deny participating in crime - reliance by accused on alibi - Crown case that alibi false ~ comments by trial judge on failure of
accused to give explanation of whereabouts at time offences alleged to have been committed - comments by trial judge on view jury might take of accused's case if alibi disbelieved.
Crimes Act, 1900, (N.S.W.) in its application to the Australian
Capital Territory, ss. 61, 97.
Accused pleaded guilty to two charges of armed robbery committed on 11 April and 8 May 1985 - sentenced to ten vears' imprisonment in respect of each charge - sentence imposed for second offence to commence at expiration of sentence imposed for first offence - challenge to total period of imprisonment imposed for the two offences.
_ Crimes Act, 1900, (N.S.W.) in its application to the Australian
Capital Territory, s. 97.
Sentence imposed for offences alleged to have beer' ee '
22 October 1984 to commence at expiration of sentence imposed for \\
- la
IM_THE FEDERAL COURT OF AUSTPALTA
) \ AUSTRALIAN CAPITAL TERRITORY ) No. A.C.T. G63 af 1985 DISTRICT REGISTRY \ No. A.C.T. G64 of 1985 ) No, A.C.T. GAS 3f 1985 GENEP&SL DIVISTON ) BETWEEN : BARRY CHARLES KING Appelliant AND: THE QUEEN
Respondent
CORAM: SHEPPARD, NEAVES and SPENDER JJ.
PLACE: CANBERRA
DATE : 11 SEPTEMBER 1986
MINUTES OF ORDER
THE COURT ORDERS THAT: - 1. The appeals in matters No. A.C.T. G63 and G65 of 1985 be
dismissed.
nN
The appeal in matter No. A.C.T. G64 of 1985 be allowed.
a
The convictions of and sentences imposed upon the appellant in respect of charges of armed robbery and assault alleaed
fo have been committed on 22 October 1984 be set aside.
Dee ae ne er ee neers een Ene octet re et nee 2 coe 2. = © pen
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