Masoud v The Queen [2000] FCA 435

FEDERAL COURT OF AUSTRALIA

Masoud v The Queen [2000] FCA 435

CATCHWORDS

APPEAL – competency of appeal – notice of appeal against conviction filed before sentence passed- application under o 52 r 40 for order concerning continuing custody of prisoner – whether single judge has power to determine application – whether order that applicant be kept in remand centre and not moved should be made – need to show threat to due process or to administration of justice in Federal Court.

Federal Court of Australia Act 1976, s 4, 24(1)(b) Federal Court Rules, o 52 r 35(3), o 52 r 40, o 52 r 41, o 80 Service and Execution of Process Act 1992 (Cth) Jovanovic v The Queen (1999) 165 ALR 6 Griffith v The Queen (1977) 137 CLR 293 R v de Marchi (1983) 1 VR 619 Cobiac v Liddy (1969) 119 CLR 257 Eastman v The Queen (1997) 72 FCR 190 Tydeman v Deputy Registrar, Child Support Agency [1999] FCA 936 Re Gillies Contracting Pty Ltd [1999] FCA 1289 Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 43

DANNY MASOUD v THE QUEEN and VIET DUNG TRAN v THE QUEEN

A 13 of 2000 and A 17 of 2000

MILES J CANBERRA 6 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

A 13 of 2000

BETWEEN: DANNY MASOUD

Appellant

AND: THE QUEEN

Respondent

A 17 of 2000

BETWEEN: VIET DUNG TRAN

AND: Appellant

THE QUEEN

Respondent

JUDGE: MILES J

DATE OF ORDER: 6 APRIL 2000

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The notices of motion dated 6 March and 30 March 2000 and filed in the appeal of Danny Masoud be dismissed. 2. The notice of motion dated 6 March 2000 and filed in the appeal of Viet Dung Tran be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.