Cameron James Mansell v His Honour Magistrate G Mignacca‑Randazzo

[2014] HCASL 182

CAMERON JAMES MANSELL

v

HIS HONOUR MAGISTRATE G MIGNACCA‑RANDAZZO

[2014] HCASL 182
P6/2014

1. The applicant was convicted, in the Magistrates Court of Western Australia, of a contempt of that Court contrary to s 15(1)(e) of the Magistrates Court Act 2004 (WA). The Magistrate (who is the respondent to this application) sentenced the applicant to one month's imprisonment.

2. The applicant sought leave to appeal to the Supreme Court of Western Australia against that conviction.  The primary judge (Hall J) granted leave but dismissed the appeal.

3. The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia against the orders of Hall J.  That Court (McLure P, Newnes and Mazza JJA) refused leave to appeal.

4. The applicant now seeks special leave to appeal to this Court. Because the applicant is unrepresented, his application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The application is brought out of time and the applicant seeks an order under r 41.02.2 dispensing with the requirement to comply with the time limit in r 41.02.1.  The applicant also applies, by summons, for leave to file an amended draft notice of appeal and summary of argument.  It is not necessary to consider either the application for an extension of time or the application for leave to amend.

6. We see no reason to doubt the correctness of the conclusions reached by the Court of Appeal.  An appeal to this Court would enjoy no prospect of success.

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

K.M. Hayne
15 October 2014 S.M. Crennan