JS v The State of Western Australia

[2014] HCASL 225

JS

v

THE STATE OF WESTERN AUSTRALIA

[2014] HCASL 225
P43/2014

1. In 2011, the applicant was found guilty in the District Court of Western Australia of one count of indecent dealing with a child under the age of 13 years and two counts of indecent dealing with another child under the age of 13 years.

2. In 2012, the Court of Appeal of the Supreme Court of Western Australia (McLure P, Buss and Mazza JJA) dismissed the applicant's applications for leave to appeal against conviction and sentence[1].  In 2013, this Court (Hayne and Crennan JJ) dismissed the applicant's application for special leave to appeal from that decision[2].

   [1]JS v The State of Western Australia [2012] WASCA 198.

   [2]JS v The State of Western Australia [2013] HCASL 166.

3. In 2014, the applicant again applied for leave to appeal against conviction.  The Court of Appeal (McLure P, Buss and Mazza JJA) dismissed the applicant's application.  The Court of Appeal held that the applicant was not permitted to appeal more than once against the same conviction, and that it did not have the power to re-open an appeal which had been finally determined.

4. The applicant now seeks special leave to appeal from that decision. 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.

5. We see no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would enjoy no prospects of success.

6. 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