Geoffrey Leslie Armour v The Queen

[2013] HCASL 158

GEOFFREY LESLIE ARMOUR

v

THE QUEEN

[2013] HCASL 158
M48/2013

1. The applicant pleaded guilty to one count of murder in the Supreme Court of Victoria (Lasry J).  The applicant was sentenced to a term of imprisonment of 26 years and was required to serve 21 years before being eligible to make an application for release on parole.

2. The Court of Appeal of the Supreme Court of Victoria (Harper JA) refused the applicant's application for leave to appeal against sentence. The applicant then elected under s 315(2) of the Criminal Procedure Act 2009 (Vic) to renew his application for leave to appeal against sentence. A differently constituted Court of Appeal (Maxwell P and Mandie JA) refused the applicant's application for leave to appeal against sentence. The applicant now seeks special leave to appeal to this Court against that refusal.

3. The application is brought out of time and the applicant seeks an order dispensing with the requirement to comply with the time limit in r 41.02.1 of the High Court Rules 2004.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules.

5. The material canvassed in the applicant's draft notice of appeal and the written case is directed to material which has been advanced twice in the Court of Appeal and which is alleged to cast doubt on the application of the parity principle.  We see no reason to doubt the correctness of the conclusions reached by the Court of Appeal. 

6. Further, the applicant seeks to rely on evidence not relied upon below to advance again grounds of appeal which are not reasonably arguable.  It is not shown to be in the interests of justice, either generally or in this particular case, that the applicant be granted special leave to appeal.

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
9 October 2013 S.M. Crennan