Keenan v The Queen

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KEENAN

v
THE QUEEN

[2020] HCASL 179
M47/2020

  1. The applicant seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Priest and Niall JJA) refusing the applicant's application for leave to appeal against conviction of one charge of stalking, contrary to s 21A of the Crimes Act 1958 (Vic), for which the applicant was sentenced to a Community Corrections Order for a period of 12 months.

  2. The applicant identifies no question of principle which it would be in the interests of justice for this Court to consider and otherwise no reason to doubt the correctness of the Court of Appeal's judgment. An appeal to this Court would enjoy no prospect of success.

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle M.M. Gordon
2 September 2020
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Details
Case
[2020] HCASL 179
Decision Date

CaseChat Overview and Summary

The case of Keenan v The Queen involved the applicant, Keenan, seeking special leave to appeal against his conviction for stalking under section 21A of the Crimes Act 1958 (Vic). The conviction was upheld by the Court of Appeal of the Supreme Court of Victoria. Keenan was sentenced to a Community Corrections Order for a period of 12 months. The High Court was asked to review the decision of the Court of Appeal, which had dismissed Keenan's application for leave to appeal against the conviction.

The primary legal issue the Court needed to decide was whether there was a question of principle that warranted the High Court's consideration. Keenan's application did not identify any such question, and the Court of Appeal's judgment was considered to be correct. The Court was also required to determine whether an appeal to the High Court had any prospect of success, which was ultimately found to be unlikely. The Court considered the reasons given by the Court of Appeal and found no basis to doubt their correctness.

The High Court found that the application for special leave to appeal did not meet the criteria for review. The Court of Appeal's decision was well-reasoned and there was no apparent error in law or fact. The Court noted that the application failed to identify any question of principle that would justify the High Court's intervention. Consequently, the application for special leave to appeal was dismissed. The Court also directed the Registrar to prepare, sign and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth).

The final orders of the Court were to dismiss the application for special leave to appeal and direct the Registrar to prepare the necessary documentation to formalise this decision. The dismissal of the application meant that the original conviction and sentence stood, and Keenan's recourse to challenge the decision was effectively closed.

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