Cameron Francis Kelly v The State of Western Australia

[2014] HCASL 99

CAMERON FRANCIS KELLY

v

THE STATE OF WESTERN AUSTRALIA

[2014] HCASL 99
P39/2013

1. The applicant was convicted after trial in the District Court of Western Australia of assaulting a public officer performing a function of his office or employment contrary to s 318(1)(d) of the Criminal Code (WA). He was sentenced to a term of imprisonment of 18 months with no eligibility for parole. He sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia against his conviction on the ground that at trial, the primary judge wrongly excluded evidence of an exculpatory statement made by the applicant.

2. The Court of Appeal (McLure P, Newnes and Mazza JJA) refused leave to appeal on the ground that the alleged exculpatory statement made by the applicant lacked the contemporaneity that was necessary for it to have formed, as an exception to the general rule against the admission of hearsay evidence, part of the res gestae.  

3. The applicant seeks special leave to appeal against the decision of the Court of Appeal.  The applicant requires an enlargement of time within which to file his application.  An enlargement should be granted, but special leave to appeal should be refused. The applicant has not demonstrated any error of principle in the approach taken by the Court of Appeal.  

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

V.M. Bell
13 May 2014 S.J. Gageler