Riddell v R (No. 3) [2017] NSWCCA 92

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Riddell v R (No. 3) [2017] NSWCCA 92 Hearing dates: 2 May 2017 Date of orders: 02 May 2017 Decision date: 02 May 2017 Before: Johnson J at [1]; [31] Beech-Jones J at [24] Fagan J at [30] Decision: The Applicant is refused an extension of time to file his Notice of Application for Leave to Appeal Against Conviction and Sentence. Catchwords: CRIMINAL LAW - appeal - conviction and sentence in 2007 for offence of conspiracy to import commercial quantity of MDMA - appeal against conviction and sentence being heard in 2015 and 2016 - Applicant abandons appeal in April 2016 - Applicant seeks to revive appeal in May 2017 - extraordinary procedural history of litigation - Applicant still not in position to proceed with hearing of appeal - Applicant's persistent reliance on incoherent grounds and voluminous material - extension of time refused - application to individual Judge to excuse himself - apprehended bias - no question of principle Legislation Cited: Criminal Appeal Act 1912 Criminal Code Act 1995 (Cth) Customs Act 1901 (Cth) Criminal Appeal Rules Cases Cited: Algoni Pty Limited v Secretary, Department of Industrial Relations (1985) 3 NSWLR 515 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 R v Bell (1987) 8 NSWLR 311 Re JRL; Ex parte CJL [1986] HCA 39; 161 CLR 342 Riddell v R [2016] NSWCCA 70 Riddell v R (No. 2) [2016] NSWCCA 74 Texts Cited: --- Category: Principal judgment Parties: Andrew Philip Riddell (Applicant) Regina (Respondent) Representation: Counsel: In person (Applicant) Ms M England (Respondent)