Lessur-Millar v The Director of Public Prosecutions

This matter came before the High Court of Australia concerning an application for special leave to appeal. The applicant, Ricardo Lessur Millar, sought this leave following a decision by the New South Wales Court of Criminal Appeal, which had refused him leave to appeal from a decision of the District Court. The District Court had previously considered and refused an application for a stay of certain prosecutions against Mr Millar.

The central legal issue before the High Court was whether the Court of Criminal Appeal had erred in its exercise of discretion. Specifically, the applicant argued that the Court of Criminal Appeal's finding that there was no *res judicata* binding on him was a flawed basis for its decision. This was contested by the applicant, who contended that the District Court had, in fact, found a *res judicata* to be present, which was a key element in its refusal to grant a stay. The applicant further argued that the Court of Criminal Appeal's approach, which suggested that any illegality in the prosecutions could be addressed through a future appeal rather than a stay, was an incorrect exercise of discretion.

The applicant's submissions focused on the alleged error in the Court of Criminal Appeal's assessment of *res judicata*. He contended that the Court of Criminal Appeal had embarked on a consideration of matters where appeal was only available by leave, and that its reasoning that illegality would not be determinative of his rights was misplaced. The applicant sought to establish that the circumstances of his removal from Mexico to the United States, and consequently his subsequent arrival in Australia, were central to the legality of the prosecutions and had been the subject of prior judicial consideration.