New South Wales Court of Criminal Appeal CITATION : R v Hesford [2002] NSWCCA 437 FILE NUMBER(S) : CCA 60096/02 HEARING DATE(S) : 9 October 2002 JUDGMENT DATE : 9 October 2002 PARTIES : Regina Philip Mark Hesford JUDGMENT OF : Sperling J at 1; Buddin J at 1 LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/71/0046 LOWER COURT JUDICIAL Patten DCJ OFFICER : COUNSEL : Mr P Ingram for the Crown Mr Hesford in person SOLICITORS : Mr SE O'Connor for the Director of Public Prosecutions Mr Hesford in person CATCHWORDS : Criminal Law & Procedure - motion for summary dismissal - no question of principle DECISION : 1. No order is made summarily dismissing the appeal or the application for leave to appeal. 2. The matter is to be listed on the first available opportunity in the Registrar's call over list. On the understanding that there is a Registrar's call over on Monday, this matter should be listed on that occasion. 3. The appellant should attend on that occasion and the Registrar should provide him with advice as to what is required by way of notifying the Court of the basis upon which he brings his appeal and his application for leave to appeal. 4. Mr Hesford has notice today that he should attend at that call over. - 2 -IN THE COURT OF CRIMINAL APPEAL 60096/02 Sperling J Buddin J Wednesday 9 October 2002 Regina v Philip Mark Hesford Judgment 1 The Court: In this matter the appellant has lodged a notice of appeal against conviction and an application for leave to appeal against sentence. 2 Without intending any disrespect to the appellant, it is necessary to note that he suffers from a mental disability. He has lodged documents with the Court purportedly in support of his case. He has received notice to show cause why his appeal and his application for leave to appeal in relation to sentence should not be summarily dismissed. The implication of that notice is that no intelligible ground has been lodged with the Court providing a basis upon which the conviction and/or sentence might be impugned. 3 However that may be, it does not seem to us to be appropriate, in the circumstances of this case, for the appeal or the application for leave to appeal to be summarily dismissed. The matter should be brought forward for hearing in the ordinary way. 4 In the circumstances, we do not make any order summarily dismissing the appeal or the application for leave to appeal in response to the notice that has been given. 5 The decision and directions are: 1. No order is made summarily dismissing the appeal or the application for leave to appeal. 2. The matter is to be listed on the first available opportunity in the Registrar's call over list. On the understanding that there is a Registrar's call over on Monday, this matter should be listed on that occasion. 3. The appellant should attend on that occasion and the Registrar should provide him with advice as to what is required by way of notifying the Court of the basis upon which he brings his appeal and his application for leave to appeal. 4. Mr Hesford has notice today that he should attend at that call over. -oOo- DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.