Mark John Rees v County Court of Victoria

[2011] HCASL 156

MARK JOHN REES
v
COUNTY COURT OF VICTORIA & ANOR
[2011] HCASL 156
M64/2011

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of Victoria (Tate JA and Almond AJA) refusing the applicant an extension of time within which to appeal against the orders of a single judge of the Supreme Court of Victoria (Cavanough J). By his orders, Cavanough J dismissed the applicant's application for judicial review of the decision of the County Court of Victoria, on appeal de novo from the Magistrates Court, to convict and sentence the applicant for an offence against s 199 of the Crimes Act 1958 (Vic) of having articles in his possession with the purpose of using them, without lawful excuse, to damage property belonging to another.

2. The Court of Appeal concluded that the applicant had not provided any sufficient explanation for his failure to appeal within time and that the applicant had identified no arguable error in the decision of Cavanough J.

3. We see no reason to doubt the correctness of the conclusions of the Court of Appeal in this case.  An appeal to this Court would enjoy no prospect of success.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
6 October 2011 S.M. Crennan