Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dunstan v The Queen [2000] FCA 896 CRIMINAL LAW & PROCEDURE – application by appellant to remain at remand centre pending hearing of appeal – role of remand centre restricted to short term detention Remand Centres Act 1976 (ACT) s15 Dunstan v The Queen [2000] FCA 686 COLIN GEORGE DUNSTAN v THE QUEEN A 28 of 2000 HEEREY, MARSHALL AND WEINBERG JJ CANBERRA (HEARD VIA VIDEO IN MELBOURNE) 22 JUNE 2000
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 28 of 2000
DISTRICT REGISTRY
BETWEEN: COLIN GEORGE DUNSTAN
APPELLANT
AND: THE QUEEN
RESPONDENT
JUDGES: HEEREY, MARSHALL AND WEINBERG JJ
DATE OF ORDER: 22 JUNE 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: The appellant's motion of 19 June 2000 be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 28 of 2000
DISTRICT REGISTRY
BETWEEN: COLIN GEORGE DUNSTAN
APPELLANT
AND: THE QUEEN
RESPONDENT
JUDGES: HEEREY, MARSHALL AND WEINBERG JJ
DATE: 22 JUNE 2000
PLACE: CANBERRA (HEARD VIA VIDEO IN MELBOURNE)
REASONS FOR JUDGMENT
THE COURT: 1 By Notice of Motion dated 19 June 2000, Mr Dunstan seeks an order from the Court that he continue to be detained at the Belconnen Remand Centre pending the hearing of his appeal against his conviction and sentence arising from a trial held in the Supreme Court of the Australian Capital Territory. That motion sought the following orders: "1. That the Appellant continue to be held at the Belconnen Remand Centre pending the hearing of his appeal during the week commencing 14th August 2000. 2. That the hearing of this Notice of Motion be expedited and, if at all possible, be heard on or before Friday, 23rd June 2000. 3. That an appointment of 10 July 2000 for the taxation of costs in proceedings A58 of 1999 be adjourned to a date 2 weeks after the hearing of the appeal." 2 On 19 May 2000, a Full Court of this Court refused Mr Dunstan's application for bail pending appeal, but ordered that until 5 June 2000 Mr Dunstan be held at the Belconnen Remand Centre. See Dunstan v The Queen [2000] FCA 686. 3 The Full Court determined to make the latter order given the difficulties Mr Dunstan was experiencing in communicating with members of his family to prepare himself for his appeal, including the preparation of an appeal book. The Court was empowered to make such an order pursuant to O52 r40(1)(b) of the rules of Court, which provides that: "In the case of an appeal against conviction or sentence where a prisoner is in lawful custody, the Court or a Judge may, at the request of a party or on its, his or her own initiative, make:
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