OL v The Queen

[2007] HCATrans 463

[2007] HCATrans 463

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B2 of 2007

B e t w e e n -

OL

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 29 AUGUST 2007, AT 9.36 AM

Copyright in the High Court of Australia

HAYNE J:   In March 2004, the applicant was presented in the District Court of Queensland at Ipswich on an indictment alleging 13 counts of sexual offences against his stepdaughter.  The offences were alleged to have occurred on or between various dates beginning on 1 June 1997 and ending on 31 December 2001.  The applicant pleaded not guilty.  One count was withdrawn from consideration by the jury on the prosecution's filing a nolle prosequi.  Verdicts of guilty were returned with respect to one count of maintaining a sexual relationship with a child, one count of indecent treatment of a child under 12, one count of attempted indecent treatment of a child under 16, one count of rape, and three counts of incest.  The jury returned verdicts of not guilty to the remaining counts.

The applicant now seeks special leave to appeal to this Court against orders of the Court of Appeal of the Supreme Court of Queensland dismissing his appeal against conviction.  The application for special leave was not filed until more than two years after the Court of Appeal made its orders.  The applicant seeks an extension of time within which to make the application.  He swears that he applied when he did, "[a]s a consequence of" his becoming aware that "it was most likely [he] would have to complete [his] full sentence without parole" [AB 144].  He offers no further explanation or argument in support of the necessary extension.  The application for extension should be refused.

In any event, we are not persuaded that it is in the interests of justice, either generally or in this particular case, that there be a grant of special leave to appeal.  None of the grounds which the applicant would seek to urge in this Court would enjoy prospects of success sufficient to warrant a grant of special leave.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

AT 9.38 AM THE MATTER WAS CONCLUDED