Draft Notice of Appeal - For an application to set aside conviction in the ACT

 DRAFT

Form 5.11 Court of Appeal—notice of appeal

Court Procedures Rules 2006

(see r 5402 (Appeals to Court of Appeal—starting appeal))

In the Supreme Court of the Australian Capital Territory

Court of Appeal

Criminal jurisdiction

No ACTCA 43 of 2025

Appeal against conviction imposed by Justice Higgins

(No SCC 104 of 1999)

COLIN GEORGE DUNSTAN

Appellant

DIRECTOR OF PUBLIC PROSECUTIONS

Respondent

1. On 26 April 2000, Justice Higgins made the following orders:

1. On each of counts one to seven, nine, and eleven of the indictment convictions be recorded. 

2. On each of counts two, four and six the offender be sentenced to three years imprisonment.  Each of those sentences to be cumulative upon the other. 

3. On each of counts one, three, five, seven, nine and eleven the offender be sentenced to two years imprisonment each of those sentences to be concurrent with the prior sentences and with each other, save that count eleven be cumulative upon counts one, three, five, seven and nine. 

4. A period of five years is fixed as the period to expire before the offender becomes eligible for parole.  The Court recommends close supervision on parole. 

5. The sentence is to commence on 26 May 1999.

2. The appellant appeals from the findings of guilt at trial and all the ensuing orders. 

3. The appeal is brought by leave of the Court given on                        .  A sealed copy of the order giving leave to appeal is attached. 

4. The appellant will seek to put further evidence before the Court.

The further evidence is fresh evidence relevant to the appeal and contemporaneous evidence of relevance to the miscarriage justice. 

5. The grounds of the appeal are:

1 — Fresh and compelling evidence concerning identity of the exploded packet

The applicant relies on fresh or newly appreciated evidence that fragments of the allegedly exploded packet bore text consistent with “Queanbeyan”, matching the recovered address list entry for A Crewes. This evidence corroborated the applicant’s pre-trial and trial evidence and was capable of undermining the Crown’s Dickson/Melba narrative.

2 — Fresh evidence concerning contemporaneous hoax characterisation

The applicant relies on the Comcare report, produced before trial but first disclosed to him in 2009, which recorded that NSW Police concluded one device was a hoax and which identified s85Y hoax explosives as a potentially applicable offence.

3 — Forensic inconsistency concerning Winchester 231

The trial miscarried because evidence of Winchester 231 pistol propellant at the mail centre was not properly explained or directed, despite being inconsistent with the applicant’s evidence that he used rifle propellant.

4 — Miscarriage arising from mid-trial alteration of “explosive”

The trial miscarried because the practical meaning of “explosive” in the s85X counts was materially altered during trial, after evidence favourable to the applicant, without the jury being properly informed of the altered basis of liability.

5 — Miscarriage arising from mid-trial alteration of “knowingly”

The trial miscarried because the jury was not properly directed that, on the judge’s construction, guilt on s85X did not require proof that the applicant expected an explosion.

6 — Spillover prejudice on intent counts

The trial miscarried because the jury may have treated guilt on the s85X counts as supporting intent to cause grievous bodily harm, when the legal construction adopted by the judge did not require expectation of explosion.

7 — Cumulative miscarriage

The cumulative effect of the fresh evidence, unresolved factual contradictions, altered legal meanings, and inadequate jury directions caused a substantial miscarriage of justice.

6. The orders sought are:

1. That the findings of guilt and the convictions be set aside. 

2. That verdicts of not guilty be entered. 

Applicant’s address for service of documents

Postal address: 22 Sentry Crescent

Palmerston ACT 2913

Email address: colingd10@gmail.com  

Date: 14 May 2026

Signed

Colin Dunstan

Notice to respondent

To: Director of Public Prosecutions 

Office of the Director of Public Prosecutions
Reserve Bank Building
20-22 London Circuit
CANBERRA CITY ACT 2601

Before taking any other step in this proceeding, you must file a notice of intention to respond in the Court and serve a sealed copy of it on the appellant.

You do not need to file and serve a notice of intention to respond if you have already filed a notice of intention to respond to an application for leave to appeal, or for leave to appeal out of time, in the proceeding, and the information provided in the notice has not changed.

Settling appeal papers

A directions hearing for settling the appeal papers will be held as follows:

Time: 

Place: Supreme Court, Knowles Place, Canberra City, ACT.

If you do not attend to settle the appeal papers, either in person or by your legal practitioner, directions may be given, and orders made, in your absence.

Date:

Registrar