B v The Queen

[2015] HCASL 187

B

v

THE QUEEN

[2015] HCASL 187
S135/2015

1. Following a jury trial in the District Court of New South Wales (Judge Woodburne SC), the applicant was found guilty of one count of contravening s 65Y of the Family Law Act 1975 (Cth), having been a party to proceedings in which a qualifying parenting order was made, and having taken the child concerned to a place outside Australia while that parenting order was in force. The applicant was released, without sentence having been passed, upon entry into a recognisance to be of good behaviour.

2. The applicant appealed against conviction and sought leave to appeal against sentence.  The Court of Criminal Appeal of the Supreme Court of New South Wales (Ward JA, Simpson and Wilson JJ) granted the applicant leave to appeal against sentence and dismissed both appeals.

3. The applicant now seeks special leave to appeal from the orders of the Court of Criminal Appeal. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. The applicant requires an enlargement of time within which to lodge this application.  The enlargement of time should be granted but special leave to appeal should be refused.  Several of the grounds upon which the applicant seeks special leave to appeal replicate those raised in the Court of Criminal Appeal, and the applicant has not demonstrated any reason to doubt the correctness of that Court's decision.  To the extent that the applicant seeks to raise novel grounds, such grounds have insufficient prospects of success to warrant the grant of special leave.

5. Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
4 November 2015 S.J. Gageler