Dunstan v The Queen [2001] FCA 147

FEDERAL COURT OF AUSTRALIA

Dunstan v The Queen [2001] FCA 147

CRIMINAL LAW – Appeal against convictions on six counts of knowingly causing to be carried by post an article containing a totally prohibited substance (an explosive) and three counts of intentionally attempting to inflict grievous bodily harm on another person – At trial appellant admitted posting parcels with explosive devices to 28 persons but claimed that he had first flattened the batteries of the devices so they would not explode – Appellant contended that one parcel that did explode was posted by an unidentified stranger – Whether the verdicts were unsafe and unsatisfactory and/or unsupported by evidence – Whether the trial judge misdirected the jury – Whether the trial judge ought to have discharged the jury or directed an inquiry into the appellant's guilt – Alleged failure to call a material witness – Conduct at trial of appellant's legal representatives – Appeals dismissed. Crimes Act 1914 (Cth) s 85X

Crimes Act 1900 (ACT) s 19 Evidence Act 1995 (Cth) ss 55, 56, 59, 60 COLIN GEORGE DUNSTAN v THE QUEEN A 28 of 2000 WILCOX, SPENDER, BRANSON JJ CANBERRA 18 MAY 2001

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 28 of 2000

APPEALS AGAINST CONVICTION IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: COLIN GEORGE DUNSTAN

APPELLANT

AND: THE QUEEN

RESPONDENT

JUDGE: WILCOX, SPENDER, BRANSON JJ

DATE OF ORDER: 18 MAY 2001

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeals 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 DISTRICT REGISTRY A 28 of 2000

APPEALS AGAINST CONVICTION IN THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY