Brian FRUGNIET v ATTORNEY GENERAL OF NEW SOUTH WALES [1996] NSWCA 194

Brian FRUGNIET v ATTORNEY GENERAL OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY ACJ, MEAGHER JA and GILES AJA 28 October 1996

[1996] NSWCA 194

Mahoney ACJ. This application comes before the Court this morning as the result of a notice of motion filed on 15 October 1996. In order to understand the terms of the notice of motion and what is the nature of the present application, it is necessary to refer briefly to the history or some aspects of the history of this matter.

I shall take details of what I shall say from the affidavit which Mr Frugniet has placed before the Court this morning and from the court papers. Insofar as the material which I shall refer to is stated by him, it should not be inferred that, by referring to the matters as stated in his affidavit, I am accepting or rejecting the correctness of what he says. I am merely recording these matters from the material which at the moment is before the Court.

It appears from that material that on 12 December 1994, Mr Frugniet was convicted of serious criminal offences relating to matters of dishonesty. He was on 25 January 1995 sentenced to imprisonment for two years. The imprisonment was to consist of a fixed term of one year and six months and an additional term of sixmonths. He was granted bail pending the hearing of his appeal to the Court of Criminal Appeal. On 30 April 1996 the Court of Criminal Appeal heard the appeal and, on 21 June 1996, that appeal was dismissed. It appears from the material before the Court that an appeal or appeals against what has been done in the criminal proceedings have been lodged in the High Court. I say an appeal: by that I mean an application for leave to appeal. The Court is informed that the hearing date for that application for leave to appeal is 15 November 1996.