Medina v The Queen

This matter concerned an application for special leave to appeal by David Fernando Medina against a decision of the Court of Criminal Appeal of New South Wales. The applicant was represented by Mr K.G. Horler, QC, and Mr P. Byrne, while the respondent, the Queen, was represented by Mr M.S. Weinberg, QC, and Mr T.L. Budden. The proceedings were before the High Court of Australia.

The primary legal issue before the High Court was whether the Court of Criminal Appeal erred in imposing sentence upon the applicant. This issue arose from a typographical error in the applicant's grounds of appeal, which the applicant sought leave to amend to include the words "without permitting the applicant" to clarify the nature of the alleged error. The applicant also sought leave to appeal out of time.

The applicant's counsel explained that Mr Medina had pleaded guilty in the New South Wales District Court and was sentenced on 14 December 1989. The Director of Public Prosecutions subsequently appealed this sentence, and the Court of Criminal Appeal handed down its decision on 28 May 1990. The sentence imposed by the Court of Criminal Appeal was a minimum term of 18 months with an additional term of six months, totalling two years. The applicant would become eligible for parole on or about 27 November of that year. The applicant's submissions focused on the details of the chronology and the grounds of appeal, with an affidavit from a solicitor employed by the Director of Public Prosecutions being filed by consent to address matters of concern to the applicant.