[2013] HCATrans 085

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicant, Mr. Michael John Smith, sought leave to appeal against a decision of the Supreme Court of Queensland. The dispute arose from a criminal proceeding where Mr. Smith had been convicted of a number of offences.

The primary legal issue before the High Court was whether the Supreme Court of Queensland had erred in its interpretation and application of the *Criminal Code (Qld)*, specifically concerning the elements of the offences for which Mr. Smith was convicted. The applicant contended that the trial judge, and subsequently the appellate court, had misconstrued certain provisions of the *Criminal Code* in a manner that prejudiced his defence.

French CJ, in considering the application, focused on whether the grounds of appeal raised a question of law of general public importance or otherwise warranted the exercise of the High Court's appellate jurisdiction. His Honour noted that the applicant's arguments, while raising points of statutory interpretation, did not demonstrate a sufficiently arguable error of law that met the threshold for special leave. The application for special leave to appeal was therefore refused.