Bell v the Queen S23/2002

[2002] HCATrans 586

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S23 of 2002

B e t w e e n -

PHILIP HAROLD BELL

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 15 NOVEMBER 2002, AT 11.36 AM

Copyright in the High Court of Australia

MR R.D. ELLIS:   If the Court please, I appear for the respondent.  (instructed by S.E. O’Connor, Solicitor for Public Prosecutions) 

HAYNE J:   Yes, Mr Ellis.  There are no oral submissions on behalf of the applicant.  The Court has considered what has been put before it. 

The applicant seeks special leave to appeal against orders of the Court of Appeal refusing him leave to withdraw his notice of abandonment of appeal against convictions and refusing him leave to appeal against those convictions out of time.  He had originally given notice of his appeal against convictions on 17 December 1998, but abandoned that appeal by notice dated 24 March 1999.  Sixteen months later, on 24 July 2000, he applied for leave to appeal. 

The Court of Appeal, having considered the matters which the applicant sought to advance in support of his applications and in support of his appeal if leave were granted, made the orders against which leave to appeal is now sought.  We are not persuaded that the decision of the Court of Appeal is attended by doubt.  Special leave is therefore refused. 

AT 11.38 AM THE MATTER WAS CONCLUDED