R v Pierre Tabar [2006] NSWCCA 139

New South Wales Court of Criminal Appeal

CITATION: R v Pierre Tabar [2006] NSWCCA 139

HEARING DATE(S): 20/03/06

JUDGMENT DATE: 20 March 2006

JUDGMENT OF: Adams J at 1

EX TEMPORE JUDGMENT DATE: 03/20/2006

DECISION: Application for adjournement refused.

PARTIES: Crown: D Woodburne Applicant: In person

FILE NUMBER(S): CCA 60098/04

COUNSEL: Crown: D Woodburne Applicant: In person

IN THE COURT OF CRIMINAL APPEAL 60098/04

ADAMS J

MONDAY 20 MARCH 2006 REGINA v PIERRE TABAR Judgment

1 HIS HONOUR: This is an application by Pierre Tabar, who seeks to withdraw his abandonment of an appeal against conviction for an offence in respect of which he pleaded guilty on 5 May 2003.

2 The transcript sufficiently sets out the chronology of events. The records show that repeated communications from the Registrar have required Mr Tabar to produce material upon which he seeks to rely for the purposes of his appeal against conviction and to obtain leave to withdraw his notice of abandonment. Of particular significance is the indication to Mr Tabar by the Court of Criminal Appeal on 9 November 2004 that he would have a "last opportunity" to provide material upon which he relied for the purpose of appealing against his conviction. Since that time and despite continuous reminders he has provided nothing.

3 This matter was, in the result, set down for hearing in November last year, confirmed on-call over on 2 February 2006 for 27 March next. Despite not having provided at any stage any material justifying either his withdrawal of his notice of abandonment of conviction or the fresh evidence upon which he says he relies in respect of his conviction, the applicant has not provided any material and, furthermore, has indicated to me that he is not in a position to provide any further material.