Jason Cameron Elwin v Edward George Robinson

[2014] HCASL 162

JASON CAMERON ELWIN

v

EDWARD GEORGE ROBINSON

[2014] HCASL 162
P15/2014

1. On 8 June 2011, the applicant was found guilty of obstructing a public officer contrary to s 172(2) of the Criminal Code Act 1913 (WA) in the Magistrates Court of Western Australia (Magistrate Musk).  It was the applicant's case that he was unaware that police were involved in the fight which was taking place and that he was under arrest until he was tasered.  Magistrate Musk found that the applicant became aware that he was being arrested once he came face to face with the respondent.  The applicant also contended that the police exercised an unlawful degree of force, a contention which was rejected by her Honour.    

2. On 31 August 2012, the applicant's appeal to the Supreme Court of Western Australia (McKechnie J) was dismissed.  McKechnie J accepted that the Magistrates Court should have identified whether the police were acting in the execution of their duties.  However his Honour was satisfied beyond a reasonable doubt that the actions of the police were lawful and that they used reasonable force. 

3. On 28 February 2014, the applicant's appeal to the Court of Appeal of the Supreme Court of Western Australia was dismissed.  Mazza JA, Pullin and Newnes JJA agreeing, found that the use of force by the police was reasonable and lawful, and held that the applicant's refusal to comply with the respondent's instructions and his physical resistance amounted to the offence of obstruction.  

4. The applicant requires an extension of time within which to file his application for special leave to appeal to this Court.  His draft notice of appeal raises no question of principle.  Further, the applicant's argument asserts a version of events that has not been accepted by any of the courts below.  An appeal to this Court would enjoy insufficient prospects of success to warrant a grant of special leave to appeal.  Special leave should be refused.  The grant of an extension of time would accordingly be futile.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 September 2014 P.A. Keane