Paul Duncan v The Queen

[2012] HCASL 195

PAUL DUNCAN

v

THE QUEEN

[2012] HCASL 195
S158/2012

1. On 24 March 2003, the applicant was convicted on one count of maliciously inflicting grievous bodily harm with intent ("the first count") and on one count of affray ("the second count") following a jury trial in the District Court of New South Wales.  The applicant was sentenced on 18 August 2003.  The applicant appealed to the Court of Criminal Appeal of the Supreme Court of New South Wales against his convictions and sought leave to appeal against sentence.

2. On 8 December 2004, the Court of Criminal Appeal (Wood CJ at CL, Adams and Hislop JJ) dismissed the appeal against convictions, granted leave to appeal against the sentence imposed on the first count, allowed that part of the appeal, and re-sentenced the applicant.

3. The applicant seeks special leave to appeal from the judgment of the Court of Criminal Appeal.  The applicant requires an extension of time within which to file the application for special leave.  An extension should be granted, but the application for special leave to appeal refused.

4. The application is based on the allegation of fact that the trial judge was asleep from time to time during the trial.  The allegation was not raised at the trial or on appeal to the Court of Criminal Appeal.  There is no evidence to support the allegation.

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

S.M. Kiefel
12 December 2012 S.J. Gageler