P6/2023 v State Of Western Australia

P6/2023
v
STATE OF WESTERN AUSTRALIA
[2023] HCASL 72
P6/2023

The applicant seeks special leave to appeal from a unanimous decision of the Court of Appeal of the Supreme Court of Western Australia (Mazza, Beech and Hall JJA) dismissing the applicant's application for leave to re-open her successful appeal to enable the court to reconsider its order for a retrial and to substitute that order with an order of acquittal, and the applicant's application for leave to appeal against pre‑trial orders made by the District Court of Western Australia (Bowden DCJ) in advance of the pending retrial.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. Special leave should be refused. In those circumstances, the applicant's further application seeking a stay of the order for a retrial pending resolution of the applicant's special leave application should also be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the applications.

M.M. Gordon S.H.P. Steward

11 May 2023

CaseChat Overview and Summary

In the matter of P6/2023 v State of Western Australia, the applicant sought special leave to appeal from the unanimous decision of the Court of Appeal of the Supreme Court of Western Australia. The applicant's appeal pertained to her unsuccessful application for leave to re-open her successful appeal to enable the court to reconsider its order for a retrial and to substitute that order with an order of acquittal. Furthermore, the applicant sought leave to appeal against pre-trial orders made by the District Court of Western Australia in advance of the pending retrial. The Supreme Court of Western Australia had dismissed both of the applicant's applications, and the Court of Appeal subsequently upheld this decision.

The legal issues that the court was required to decide were whether there was a question of principle of general importance sufficient to warrant a grant of special leave to appeal, and whether the applicant had advanced any arguable ground of appeal against the decision of the Court of Appeal. The court also had to determine whether the appeal enjoyed prospects of success, and whether the applicant's further application seeking a stay of the order for a retrial pending resolution of the applicant's special leave application should be granted.

The court found that the applicant had not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. Additionally, the applicant did not advance any arguable ground of appeal against the decision of the Court of Appeal. The court concluded that an appeal to this Court would enjoy no prospects of success. Therefore, the court dismissed the applicant's applications and refused to grant special leave to appeal. The court also refused the applicant's further application seeking a stay of the order for a retrial pending resolution of the applicant's special leave application.

The court directed the Registrar to draw up, sign and seal an order dismissing the applications, in accordance with r 41.08.1 of the High Court Rules 2004 (Cth). This decision was made on 11 May 2023 by M.M. Gordon and S.H.P. Steward.

Continue reading P6/2023 v State Of Western Australia

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