JS v The State of Western Australia

[2013] HCASL 166

JS

v

THE STATE OF WESTERN AUSTRALIA

[2013] HCASL 166
P32/2013

1. 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. 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.

3. The applicant seeks special leave to appeal to this Court against the dismissal of his application for leave to appeal to the Court of Appeal against conviction.

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 2004.

5. In the Court of Appeal, the applicant submitted that the trial judge (Sweeney DCJ) had not sufficiently directed the jury (in accordance with this Court's decision in Longman v The Queen[1]) about the consequences, for his defence of the charges, that followed from the time that had elapsed between the alleged offences and complaints being made. The applicant further submitted that the trial judge had not sufficiently directed the jury (in accordance with s 36BD of the Evidence Act 1906 (WA) and this Court's decision in Crofts v The Queen[2]) about the use the jury could make, in assessing the complainants' evidence, of this delay in making a complaint.

   [1](1989) 168 CLR 79; [1989] HCA 60.

   [2](1996) 186 CLR 427; [1996] HCA 22.

6. The applicant seeks to argue in this Court not only the matters agitated in the Court of Appeal but also several other grounds not previously raised by him.

7. We see no reason to doubt the conclusions reached by the Court of Appeal in respect of the arguments advanced in that Court.  It is not shown to be in the interests of justice, either generally or in this particular case, that the applicant have special leave to appeal to argue any of the other issues he seeks to raise for the first time in this Court.

8. 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