Bray v SA Police

[2006] HCATrans 695

[2006] HCATrans 695

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A12 of 2006

B e t w e e n -

LAWRENCE HOWARD BRAY

Applicant

and

S.A. POLICE

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 DECEMBER 2006, AT 9.16 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant seeks special leave to appeal against the orders of the Full Court of the Supreme Court of South Australia (Doyle CJ, Sulan and White JJ) made on 5 December 2005.  Those orders granted the applicant an extension of time to apply for leave to appeal against orders of a single judge of the Court (Gray J) but refused that leave.  The orders of Gray J, which the applicant had sought to challenge in the Full Court, had refused the applicant an extension of time to appeal against the applicant’s conviction and sentence in the Magistrates Court on two counts of assault.  The convictions were recorded on the applicant’s pleas of guilty but by his proceedings in the Supreme Court he sought, in effect, to withdraw those pleas.

The applicant was not represented in the courts below and is not represented in this application. His application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004.

The Full Court and the primary judge examined the merits of the applicant’s complaints about the course of proceedings in the Magistrates Court and about the sentences imposed on him.  Both the Full Court and the primary judge concluded that the applicant’s complaints revealed no arguable error in the orders made in the Magistrates Court.  There is no reason to doubt the correctness of that conclusion.

The application to this Court is made out of time.  Because the application for special leave should be dismissed it is unnecessary to consider whether an extension of time for making the application should be granted.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.18 AM THE MATTER WAS CONCLUDED