Markham Moore-McQuillan v The Queen

[2015] HCASL 97

MARKHAM MOORE-MCQUILLAN

v

THE QUEEN

[2015] HCASL 97
A23/2014

1. The applicant was convicted by a jury of two counts of threatening to cause harm, contrary to s 19(2) of the Criminal Law Consolidation Act 1935 (SA). The charges related to comments made by the applicant during and immediately following a hearing in the Workers Compensation Tribunal.

2. On 30 October 2014, the Court of Criminal Appeal of the Supreme Court of South Australia (Peek, Blue and Nicholson JJ) set aside the verdict and acquitted the applicant in relation to one count, holding that it was not open to the jury on the evidence to be satisfied beyond reasonable doubt that the applicant had committed that offence.  However, the Court dismissed the appeal in relation to the remaining count of which the applicant had been convicted, holding that no ground of appeal had been established and that the conviction was supported by the evidence.

3. The applicant now seeks special leave to appeal to this Court.   The applicant's draft notice of appeal does not raise any question of principle that would justify a grant of special leave.  The applicant's complaints in respect of the Workers Compensation Tribunal proceedings are not relevant in the current proceedings.  The applicant's allegations of bias are not supported by evidence before this Court, nor do they articulate any error in the dismissal of the same claims by the Court below.  There is no reason to doubt the correctness of the Court of Criminal Appeal's decision.  Special leave is refused.

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

S.M. Kiefel
18 June 2015 P.A. Keane