Jamieson Andrew Santos v The State of Western Australia

[2014] HCASL 226

JAMIESON ANDREW SANTOS

v

THE STATE OF WESTERN AUSTRALIA

[2014] HCASL 226
P46/2014

1. In 2011, the applicant and his co-accused were found guilty in the District Court of Western Australia of two counts of possession of a prohibited drug with intent to sell or supply it to another, contrary to s 6(1)(a) of the Misuse of Drugs Act 1981 (WA).

2. In 2013, the Court of Appeal of the Supreme Court of Western Australia (McLure P, Buss and Mazza JJA) dismissed the applicant's application for leave to appeal against conviction[1].  In 2013, this Court (Bell and Gageler JJ) dismissed the applicant's application for special leave to appeal from that decision[2].

   [1]Santos v The State of Western Australia [No 2] [2013] WASCA 39.

   [2]Jamieson Andrew Santos v The State of Western Australia [2013] HCASL 123.

3. The applicant now makes a new application for special leave to appeal from the decision of the Court of Appeal. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. 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.  It is not necessary to decide whether that order should be made. 

5. The applicant has filed a notice of a constitutional matter under s 78B of the Judiciary Act 1903 (Cth). No constitutional matter arises in this case.

6. To the extent that the applicant relies on the grounds agitated in his previous application for special leave, the new application is an abuse of process.  To the extent that the applicant seeks to raise new grounds, those grounds enjoy no prospects of success.  Accordingly, special leave to appeal is refused.

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
10 December 2014 S.M. Crennan