Cornwell v Riley [1999] FCA 727

FEDERAL COURT OF AUSTRALIA

Cornwell v Riley [1999] FCA 727

CRIMINAL LAW – appeal – verdict – appeal from decision of single judge confirming decision of magistrate – whether single judge erred in confirming convictions recorded by magistrate. EVIDENCE – tendency evidence – whether impermissible use – whether error of law to use for permissible purpose without direction as to limitations on proper use. APPEAL – whether decision of magistrate should be set aside on grounds of inadequacy of reasons. PRACTICE AND PROCEDURE – notice of appeal – application for leave to amend.

Crimes Act 1914 (Cth) ss 7, 29D, 72(c), s 72(d), 86A Evidence Act 1995 (Cth) ss 91(1), 95, 97(1)(b), 101, 110-111 Butera v Director of Public Prosecutions (Vict.) (1987) 164 CLR 180 referred to R v Omer (unreported, Vic Court of Appeal, 14-15 February 1996 per Winneke P) referred to R v Armstrong [1941] St R Qd 161 referred to R v McKellin (unreported, Vic Court of Appeal, 19 December 1997) referred to R v Gallagher [1998] 2 VR 671 at 688 referred to Zaknic Pty Ltd v Svelte Corporation (1995) 61 FCR 171 at 176 referred to BRS v The Queen (1997) 191 CLR 275 at 301, 305 referred to Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 at 280 referred to Brackenreg v Comcare Australia (1995) 56 FCR 335 at 351 referred to Peters v The Queen (1998) 192 CLR 493 referred to Edwards v The Queen (1993) 178 CLR 193 referred to On appeal from the Supreme Court of the Australian Capital Territory IAN GEOFFREY CORNWELL v TERRENCE JOHN RILEY AG 67 OF 1998 JUDGES: SPENDER, HIGGINS & WEINBERG JJ DATE: 9 JUNE 1999 PLACE: CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 67 OF 1998

ON APPEAL FROM THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

BETWEEN: IAN GEOFFREY CORNWELL