Matthew James Bunning v The Queen
[2011] HCASL 21
MATTHEW JAMES BUNNING
v
THE QUEEN
[2011] HCASL 21
M138/2010
The applicant pleaded guilty to charges of 10 counts of misconduct in public office. The charges related to the applicant's misuse of confidential information obtained by him whilst a serving officer of Victoria Police, including information regarding police drug trafficking investigations. The applicant also pleaded guilty to other charges which are not relevant to the present application. On 23 October 2006, the applicant was sentenced by Judge Nicholson in the County Court of Victoria. The applicant appealed against the sentence imposed. The Court of Appeal (Maxwell P, Kellam JA and Whelan AJA) allowed his appeal against sentence and re-sentenced the applicant. It delivered this judgment on 27 September 2007. The appeal was against sentence not conviction.
This is the second application for special leave to appeal to this Court from the decision of the Court of Appeal. Previously, this Court (Kirby and Heydon JJ) refused the applicant special leave to appeal against the sentence imposed by the Court of Appeal. The applicant had submitted that the Court of Appeal had failed to take into account a number of mitigating factors when re‑sentencing him.
In the present application, the applicant's primary ground of appeal is that he erroneously pleaded guilty to the charges of misconduct in public office in the mistaken belief that motive was not a relevant element of the offence. He submits that the prosecution failed to establish that the "improper motive" element of the offence had been established beyond reasonable doubt. What the applicant refers to as a requirement to prove "improper motive" may be seen as the requirement of the prosecution to prove that the particular act or acts were without reasonable excuse or justification.
The applicant requires an extension of time to bring this application. The extension of time should be refused because the projected appeal to this Court would be incompetent. There is no decision of the Court of Appeal upon any appeal against conviction. The applicant relies upon statements by the Court of Appeal when dealing with the appeal against sentence.
We direct the Registrar to draw up, sign and seal an order dismissing the application.
W.M.C. Gummow S.M. Kiefel 9 March 2011
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