Walker v Regina [2006] NSWCCA 228

New South Wales Court of Criminal Appeal

CITATION: Walker v Regina [2006] NSWCCA 228

HEARING DATE(S): 26/07/2006

JUDGMENT DATE: 1 August 2006

JUDGMENT OF: McClellan CJ at CL at 1; Kirby J at 2; Hoeben J at 3

DECISION: The time within which the appellant can file his Notice of Appeal and Application for Leave to Appeal is extended to 5 December 2005 ; The appeal against conviction is dismissed; The application for leave to appeal against sentence is refused.

CATCHWORDS: Appeal against conviction - extension of time for filing Notice of Appeal - objections to evidence - whether trial unfair.

LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912

CASES CITED: TKWJ v The Queen (2002) 212 CLR 124

PARTIES: Allan John Walker - Appellant Crown - Respondent

FILE NUMBER(S): CCA 2005/2554

COUNSEL: Appellant in Person A Woodburne - Crown

SOLICITORS: Appellant in Person S Kavanagh, Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 03/41/0239

LOWER COURT JUDICIAL OFFICER: Knight DCJ

LOWER COURT DATE OF DECISION: 23 February 2004 21 May 2004

IN THE COURT OF CRIMINAL APPEAL 2005/2554

McCLELLAN CJ at CL KIRBY J HOEBEN J

Tuesday, 1 August, 2006 Allan John WALKER v REGINA Judgment 1 McCLELLAN CJ at CL: I agree with Hoeben J. 2 KIRBY J: I agree with Hoeben J. 3 HOEBEN J: Charges and sentence The appellant stood trial before Knight DCJ and a jury of twelve on Monday 16 February 2004 in the District Court at Bega. He pleaded not guilty to three counts of sexual intercourse without consent contrary to s61I Crimes Act 1900 (maximum term of imprisonment 14 years and a standard non-parole period of 7 years). The charges related to an incident on 19 October 2003 at Wallaga Lake and the counts on the indictment related to acts of penile/vaginal, penile/anal and penile/oral penetration respectively. 4 The trial proceeded over five days, including the summing up. The jury retired to consider its verdict at 1.47pm on Monday, 23 February 2004 and returned with verdicts of guilty to each of the three counts at 3.15pm that afternoon. The appellant was represented at trial by Mr Cook, Public Defender. 5 The appellant was remanded in custody. On 21 May 2004 he was sentenced on each count to imprisonment with a non-parole period of 4 years 6 months with a balance of term of 2 years. Each sentence was to commence on 19 October 2003. The non-parole period is due to expire on 18 April 2008 and the balance of term will expire on 18 April 2010. 6 The appellant, who appears for himself, has appealed against his conviction and sentence.