Massey v The Queen [2001] FCA 1558

FEDERAL COURT OF AUSTRALIA

Massey v The Queen [2001] FCA 1558

CRIMINAL LAW – appeal against conviction – whether conviction unsafe and unsatisfactory – whether remarks by trial judge during sentencing indicated doubt as to guilt guilt ‑– whether on whole of evidence it was open to trial judge to be satisfied of guilt beyond reasonable doubt. CRIMINAL LAW – appeal against conviction – whether unsafe and unsatisfactory ground is available where trial was by judge alone – applicability of principle in Warren v Coombes. Crimes Act 1900 (ACT), s 101, s 406 Supreme Court Act 1993 (ACT), s 68B Federal Court of Australia Act 1976 (Cth), s 24

R v Tran [2000] FCA 1888, referred to M v The Queen (1994) 181 CLR 487, applied Carr v The Queen (1988) 165 CLR 314, cited Gepp v The Queen [1998] HCA 21, cited Jones v The Queen (1997) 191 CLR 439, cited Gipp v The Queen (1998) 1994 CLR 106, cited R v Anderson (1991) 53 A Crim R 421, referred to R v Dowd, (unreported, NSW Court of Criminal Appeal, BC9606758, 20 December 1996), referred to R v Hayden [2001] SASC 125, referred to R v Keyte [2000] SASC 382, referred to Havord v Chief of Navy [2001] ADFDAT 3, referred to Duff v R (1980) 28 ALR 663; 39 FLR 315, cited Chamberlain v R (No. 2) (1984) 153 CLR 521, cited R v Tait (1979) 24 ALR 473; 46 FLR 386, cited Warren v Coombes (1979) 142 CLR 531, referred to MATTHEW JAMES MASSEY v THE QUEEN

No. A 3 of 2001

MILES, O'LOUGHLIN and MADGWICK JJ 7 NOVEMBER 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 3 ofOF 2001

DISTRICT REGISTRY

ON APPEAL FROM A JUDGE OF THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

BETWEEN: MATTHEW JAMES MASSEY

APPELLANT

AND: THE QUEEN

RESPONDENT

JUDGE: MILES, O'LOUGHLIN and MADGWICK JJ

DATE OF ORDER: 7 NOVEMBER 2001