Croll v The Queen

[2005] HCATrans 900

[2005] HCATrans 900

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B46 of 2004

B e t w e e n -

LEONARD THEODORE CROLL

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 9 NOVEMBER 2005, AT 9.30 AM

Copyright in the High Court of Australia

GUMMOW J:   By application filed on 20 August 2004 the applicant sought special leave to appeal from a decision of the Queensland Court of Appeal dismissing the applicant’s appeal against his conviction on two counts of dangerous operation of a motor vehicle.  The applicant was disqualified from driving for six months and placed on 12 months probation in respect of one conviction and ordered to perform 100 hours community service in respect of the other.  On 26 April 2005, the application for special leave was deemed abandoned pursuant to r 41.13.1 of the High Court Rules after the applicant failed to comply with r 41.09.11.  Application books have now been filed and the applicant by summons filed 13 July 2005 seeks the reinstatement of the application.

Before the Court of Appeal the applicant was unrepresented but at trial was represented by counsel.  The applicant’s grounds of appeal included allegations of bias on the part of the trial judge and jury and of other deficiencies in the trial process and the evidence led against him.  The Court of Appeal concluded that these allegations lacked any substance.  The applicant now elaborates what are essentially the same allegations.

We have considered the applicant’s arguments and those of the respondent, and the decision of the Court of Appeal.  There would be no prospect of success in any appeal to this Court.  The application for special leave will be treated as reinstated but is refused.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.  I publish the disposition signed by Kirby J and myself.

AT 9.32 AM THE MATTER WAS CONCLUDED