Abdulgini Klink v The Queen

[2015] HCASL 116

ABDULGINI KLINK

v

THE QUEEN

[2015] HCASL 116
M4/2015

1. On 16 May 2014, the applicant was convicted upon the verdict of a jury in the County Court of Victoria of two counts of reckless conduct endangering life.  He was sentenced to a total period of imprisonment of three years. 

2. The applicant appealed his conviction to the Court of Appeal of the Supreme Court of Victoria on the ground, inter alia, that his convictions were unsupported by the evidence.  In essence, the applicant contended that while the Crown's evidence was sufficient to warrant a conclusion that a person named Abdulgini Klink was the offender, there was no evidence that the applicant, who also bears that name, was that person. 

3. The Court of Appeal (Whelan JA, Neave and Redlich JJA agreeing) rejected the applicant's contention and dismissed the appeal.  Upon reviewing the evidence adduced at trial, Whelan JA concluded that it was open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt.  His Honour held the jury were entitled to reject the hypothesis that there were two Abdulgini Klinks and the wrong one had been charged.  His Honour noted that there was no evidentiary basis for that hypothesis, and that such evidence as there was which bore upon the issue indicated to the contrary.

4. The applicant now seeks special leave to appeal to this Court.  An appeal would not enjoy sufficient prospects of success to warrant the grant of special leave.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
18 June 2015 P.A. Keane