Philip Lindsay Matthews v The Queen

[2014] HCASL 47

PHILIP LINDSAY MATTHEWS

v

THE QUEEN

[2014] HCASL 47
S169/2013

1. The applicant applies for special leave to appeal from the orders of the Court of Criminal Appeal of the Supreme Court of New South Wales (Hoeben CJ at CL, Leeming JA and Beech-Jones J) dismissing his appeal against conviction and sentence.  The applicant was convicted following a trial in the District Court of New South Wales of an offence involving the importation of a commercial quantity of a border controlled precursor, pseudoephedrine[1].  On 23 January 2012 Tupman DCJ sentenced the applicant to a term of seven years and six months' imprisonment with a non-parole period of four years and six months. 

   [1]Criminal Code (Cth), s 307.11.

2. The Court of Criminal Appeal rejected the applicant's various grounds of challenge to his conviction, concluding that the Crown case against him was "overwhelming"[2].  The Court found that the sentencing judge's reasons disclosed an error in sentencing principle.  Nonetheless, the Court of Criminal Appeal was satisfied that no lesser sentence was warranted in law[3].

   [2]Matthews v The Queen [2013] NSWCCA 187 at [53].

   [3]Matthews v The Queen [2013] NSWCCA 187 at [203].

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

4. There is no reason to doubt the correctness of the determination of the conviction and sentence appeals by the Court of Criminal Appeal.  Nothing filed in support of the application identifies an arguable ground of challenge to either determination.  If special leave to appeal were granted the appeal would have insufficient prospects of success.

5. The application is dismissed.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
12 March 2014 S.J. Gageler