Malvaso v The Queen

This matter concerns an application for special leave to appeal by Gianni Malvaso against the respondent, The Queen. The dispute arose from proceedings where Mr Malvaso pleaded guilty to an offence. The application was heard in the High Court of Australia by Mason CJ, Brennan J, and Deane J.

The primary legal issue before the High Court was whether to grant special leave to appeal. This involved considering proposed amendments to the grounds of appeal, specifically relating to the application of sections of the Criminal Law Consolidation Act and the Criminal Law Sentencing Act 1988 (SA). The applicant sought to argue grounds concerning the relevant sentencing legislation, which had been amended shortly before the sentencing hearing.

The Court considered the application for leave to amend the grounds of appeal. It was noted that the notice of appeal was a draft and that the proposed additional grounds, relating to the application of different sentencing statutes, had not been fully addressed in the Court of Criminal Appeal. The Solicitor-General for South Australia did not oppose the amendment, though he highlighted that the Court of Criminal Appeal's judgments did not clarify which Act was applied. The High Court indicated that there was no need to make a formal order granting leave to amend, as the applicant would be heard on these additional grounds in due course as part of the special leave application.