Japaljarri (Formerly Known As Brent Andrew Hocking) v The Queen

[2012] HCASL 62

JAPALJARRI (FORMERLY KNOWN AS BRENT ANDREW HOCKING)
v
THE QUEEN
[2012] HCASL 62
M53/2011

1. On 4 September 2000, after trial in the Supreme Court of Victoria before Vincent J and a jury, the applicant was found guilty on counts of burglary, arson and murder.  Each offence occurred on a separate occasion in 1993.  The applicant claimed, in response to each offence, that he had acted at the behest of his father who stood to gain financially from the circumstances.

2. The applicant sought from the Court of Appeal leave to appeal the convictions.  The applicant complained that the convictions were against the weight of the evidence, that he was deterred from giving particular evidence at trial by the trial judge and that the convictions were unsafe and unsatisfactory.  The applicant appeared unrepresented before the Court of Appeal.

3. The Court of Appeal (Batt, Eames JJA, O'Bryan AJA) analysed, and ultimately rejected, each ground of appeal and on 1 October 2002 the application for leave to appeal was dismissed.

4. The applicant seeks special leave to appeal in this court.  The application requires a substantial extension of time.  The respondent is content for the application to be determined on the papers.  The grounds put forward by the applicant, in substance, replicate those put before the Court of Appeal.  There are insufficient prospects of success on any appeal to this Court to warrant a grant of special leave.  Special leave is refused.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

W.M.C. Gummow
29 March 2012 S.M. Kiefel