Posts

Showing posts from May, 2026

A very unusual directions hearing

Chat Court Transcript: Directions Hearing for Mr. Dunstan This court transcript from May 1999 documents a directions hearing involving a defendant named Mr Dunstan , who appeared without legal representation while in custody. During the proceedings, the accused challenged several evidentiary discrepancies regarding postal charges and potential arson, arguing that certain parcels were misidentified or wrongly attributed to specific locations. The judge tentatively scheduled the trial for 19 July and confirmed it would be held before a jury , despite a lack of formal indictment at the time. Significant discussion was devoted to the defendant's application for bail , which the court delayed until June to allow for the filing of supporting affidavits . Additionally, the court addressed the status of the defendant's Legal Aid application , requesting that the commission...

Appeals with fresh evidence where there was substantial miscarriage of justice

Image
 The ACT Assembly, after community consultation, passed a new law allowing people convicted of offences to apply for a review under certain circumstances.  A report " Your Say. Wrongful Convictions: Reforms to the Right to Appeal... " was produced setting out the advice the Assembly received from the ACT community. This application below introduces one of the first cases to be considered under this ACT new law.  A substantial miscarriage of justice The grounds on which the case is based are in the document " Amended Draft Notice of Appeal dated 14 May 2026 ".  The submissions that explain the facts and evidence for each of the grounds are in the document " Submissions dated 18 May 2026 ".  Form 6.2 Application in Proceeding Court Procedures Rules 2006 (see r 6007 (Application in proceeding—contents)) In the Supreme Court of the Australian Capital Territory Court of Appeal Criminal jurisdiction No ACTCA 43 of 2025...

Submissions - For an application to set aside conviction in the ACT

Image
Evidence given to the jury was confused and contradictory. The legal definition of the elements of one offence was changed three times after the trial began. Each time this happened was after evidence unhelpful to the prosecution was heard. Each change was made in the absence of the jury.  Confusion and contradictions in evidence   IN THE SUPREME COURT OF THE                              ) AUSTRALIAN CAPITAL TERRITORY                           )                No ACTCA 43 of 2025 COURT OF APPEAL CRIMINAL JURISDICTION         )   ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY ...