P6/2023 v State Of Western Australia

[2023] HCASL 72

P6/2023

v

STATE OF WESTERN AUSTRALIA

[2023] HCASL 72
P6/2023

1. 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.

2. 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.

3. 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