Kenneth Robert Derley v The Queen

[2016] HCASL 253

KENNETH ROBERT DERLEY

v

THE QUEEN

[2016] HCASL 253
S138/2016

1. The proposed appeal would not raise any issue of principle save whether the Court of Criminal Appeal of the Supreme Court of New South Wales was correct to approach the appeal from the primary judge as requiring demonstration of House v The King[1] error.  In this regard, the approach of the Court of Criminal Appeal was clearly correct.

   [1](1936) 55 CLR 499; [1936] HCA 40.

2. The application for special leave to appeal should be dismissed.

3. Pursuant to r 41.08.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V. M. Bell
13 October 2016 P. A. Keane