REGINA v GUIDER [2005] NSWCCA 386

New South Wales Court of Criminal Appeal

REGINA v GUIDER [2005] NSWCCA 386 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3 August 2005

JUDGMENT DATE: 3 August 2005

JUDGMENT OF: Simpson J at 1; Adams J at 2; Rothman J at 6

DECISION: Appeal summarily dismissed

LEGISLATION CITED: Criminal Appeal Act 1912 s19(2)

Regina

PARTIES: v

Timothy Paul GUIDER (Appellant)

FILE NUMBER(S): CCA 2004/2297

W Roser (Crown) COUNSEL: Appellant unrepresented

S Kavanagh (Crown) SOLICITORS: Appellant unrepresented

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 98/11/0256

LOWER COURT JUDICIAL OFFICER: Armitage J QC

IN THE COURT OF CRIMINAL APPEAL 2004/2297

SIMPSON J ADAMS J ROTHMAN J

3 August 2005 REGINA v Timothy Paul GUIDER Judgment

1 SIMPSON J: I agree with the judgment of Adams J. The order is that the appeal be summarily dismissed. 2 ADAMS J: This is a reference by the Registrar of the Court of Criminal Appeal under s19(2) of the Criminal Appeal Act 1912 for consideration of summary determination of the appeal of Timothy Paul Guider from his conviction in the District Court. On 28 May 1999 the appellant was convicted in the District Court on charges of conspiring to commit a robbery whilst armed with an offensive weapon and being armed with a weapon with intent to commit a robbery whilst armed with an offensive weapon. On 4 June 1999 he was sentenced. In respect of the first count on the indictment he received a minimum term of seven years and six months' imprisonment with an additional term of two years six months and, on the second count, a concurrent sentence of three years' imprisonment. He appealed from both conviction and sentence to this Court. His appeal was dismissed on 13 September 2000 and, on 21 October 2001 the High Court of Australia refused him special leave to appeal from the decision of this Court. 3 On 14 August 2002, the appellant was released by the Governor of New South Wales exercising the Royal Prerogative of Mercy. A little over two months later, on 28 October 2003, the Attorney General referred the appellant's petition under s474B of the Crimes Act 1900 to be heard and determined by this Court pursuant to s5(1)(b) of the Criminal Appeal Act 1912. Since then, however, the appellant has taken no steps to prosecute his appeal. There have been only two communications with the Registrar. On 7 April 2005 he wrote to state, amongst other things, that he was not in a position either to represent himself or pay for legal representation and, accordingly, was unable to proceed with the appeal at that point of time. The appellant was, of course, informed of the Registrar's reference and the hearing date that had been assigned to consider whether his appeal should be summarily dismissed for want of prosecution. We have been informed by the Registrar that, on 2 August 2005 (namely, yesterday), Mr Guider rang her to advise that he did not wish to go ahead with his appeal and he would not be attending Court today. He indicated to her that he would be content for the appeal to be struck out. 4 The Crown has appeared to submit that the Court should exercise its powers of summary dismissal in the circumstances of this matter. 5 I am of the view that the appeal should be summarily dismissed and, accordingly, propose that this Court so order. 6 ROTHMAN J: I agree with the judgment of Adams J. **********