Keech v the Queen M157/2002

This matter concerned an application for special leave to appeal to the High Court of Australia by the applicant, Keech, against the judgment of the Court of Criminal Appeal of Queensland. The applicant had been convicted of a number of offences, including armed robbery and unlawful use of a motor vehicle, and sentenced to a term of imprisonment. The application for special leave to appeal arose from the applicant's dissatisfaction with the decision of the Court of Criminal Appeal which had dismissed his appeal against conviction and sentence.

The primary legal issue before Hayne J, sitting in chambers, was whether there were any reasonably arguable grounds for special leave to appeal to the High Court. This involved a consideration of whether the applicant's grounds of appeal, as advanced by his legal representatives, raised a question of law that was of general public importance, or whether there was any other reason why the High Court should grant special leave. The applicant's grounds of appeal related to alleged errors in the trial judge's directions to the jury and the severity of the sentence imposed.

Hayne J considered the arguments presented by the applicant and the Crown. His Honour found that the grounds of appeal did not disclose any reasonably arguable question of law that warranted the attention of the High Court. Specifically, the alleged errors in the jury directions were found to be unsubstantiated, and the sentence imposed was considered to be within the appropriate range for the offences committed. The application for special leave to appeal was therefore refused.