Par v The Queen

[2015] HCASL 212

PAR
v
THE QUEEN
[2015] HCASL 212
B44/2014

1. Following a trial in the District Court of Queensland, the applicant was convicted of one count of maintaining a sexual relationship with a child (Count 1), two counts of indecent treatment of a child under 16 who was his lineal descendant (Counts 4 and 9) and one count of indecent treatment of a child under 12 who was his lineal descendant (Count 8).

2. He appealed against his conviction and the Court of Appeal of the Supreme Court of Queensland (Fraser JA, Atkinson and Jackson JJ agreeing) dismissed the appeal.

3. The applicant now seeks special leave to appeal to this Court on grounds that the Court of Appeal erred in finding that there had been no miscarriage of justice as a result of the trial judge's method of inquiry into the fitness of one of the jurors, with consequent necessity to discharge that juror; erred in applying the proviso; and, further or alternatively, erred in applying the proviso in circumstances where the discharge of the juror amounted to a fundamental irregularity going to the root of the proceedings.

4. The applicant has not advanced sufficient reason to doubt the correctness of the decision of the Court of Appeal to dismiss his appeal against conviction.  Nor would it be in the interests of justice, either generally or in this particular case, that special leave to appeal be granted.

5. Pursuant to r 41.11.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle
11 November 2015 M.M. Gordon