22 June 2017

Director's appeal allowed by High Court

The DPP John Champion S.C. has welcomed the High Court’s decision to allow his appeal to dismiss a Hells Angels Motorcycle Club member’s successful appeal against his conviction for a violent assault on a German tourist who claimed to be a Hells Angels member to gain entrance to a Melbourne nightclub.

Glyn Dickman was convicted on 30 October 2014, following a trial in the County Court of Victoria, for intentionally causing serious injury and making a threat to kill. He was sentenced in the County Court to eight years’ imprisonment, with a non-parole period of five years and six months.

Dickman successfully appealed his conviction in the Victorian Court of Appeal on the basis that the trial judge had erred by failing to exclude identification evidence under s137 of the Evidence Act 2008, and that this error had occasioned a substantial miscarriage of justice. The convictions were set aside by the Court of Appeal and a new trial was ordered.

The High Court yesterday unanimously allowed the Director’s appeal against the Court of Appeal’s decision, with the effect of dismissing the appeal against conviction.

According to the summary of its judgment, the High Court held that there had been no substantial miscarriage of justice because the prosecution case against Dickman was overwhelming and his conviction inevitable.

The High Court also remitted the proceedings to the Court of Appeal for determination of the respondent’s pending application for leave to appeal against sentence.

Click here to read the High Court’s judgment summary.

For further information contact:

Anthony Loncaric

03 9603 2603