Brian James Steer v The Queen

[2015] HCASL 149

BRIAN JAMES STEER
v
THE QUEEN
[2015] HCASL 149
S35/2015

1. The applicant seeks special leave to appeal in relation to conviction only against the order of the New South Wales Court of Criminal Appeal (Hoeben CJ at CL, Hidden and Davies JJ) dismissing an application for leave to appeal against conviction and sentence for attempting to escape from lawful custody, contrary to s 310D(a) of the Crimes Act 1900 (NSW). The application for special leave is brought out of time and the applicant seeks an order extending the time in which to file the application.

2. The decision of the Court of Criminal Appeal applied established principles to the facts and circumstances.  The applicant advances no arguable ground of appeal against the decision of the Court of Criminal Appeal.  The argument which the applicant now seeks to advance concerning the correct application of the proximity test in the law of inchoate offences was not raised below and thus this case is not an appropriate vehicle for consideration of this issue.  An appeal to this Court would enjoy no prospect of success.  It is therefore not in the interests of justice generally or in this case that special leave be granted.

3. The extension of time should be granted, but special leave should be refused.

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

G.A.A. Nettle
3 September 2015 M.M. Gordon