Daly v The Queen

[2005] HCATrans 345

[2005] HCATrans 345

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S273 of 2004

B e t w e e n -

LOUISE ANN DALY

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GLEESON CJ
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 26 MAY 2005, AT 9.25 AM

Copyright in the High Court of Australia

GLEESON CJ:   The New South Wales Court of Criminal Appeal struck out an amended summons filed 19 March 2004. The learned District Court judge, to whose Court the applicant had appealed his conviction in the Local Court, had declined to state a case under s 5B of the Criminal Appeal Act 1912 (NSW) as to do so would have amounted to an abuse of process. The result was that there was no engagement of the jurisdiction of the Court of Criminal Appeal.

There are no prospects of success on an appeal to this Court from the decision of the Court of Criminal Appeal.  Special leave is refused.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application for special leave.

AT 9.25 AM THE MATTER WAS CONCLUDED