Preston v The Queen

The applicant, Preston, sought special leave to appeal to the High Court of Australia against matters of sentence. The respondent was The Queen. The application was heard by Dawson J, Toohey J, and McHugh J.

The central legal issue before the High Court was whether special leave to appeal should be granted in relation to the applicant's sentence. This involved considering the principles governing applications for special leave to appeal, particularly in the context of sentencing, and whether the case presented an opportunity to develop or clarify the law, or to maintain procedural regularity in the subordinate courts.

The Court considered the established principles for granting special leave to appeal, referencing cases such as *Morris v The Queen* and *Lowe's case*. These principles generally require that an appeal must be of public importance, serve to develop or clarify the law, or maintain procedural regularity. The applicant's legal representative sought to supplement the application book with an affidavit concerning the frequency of appeals in the Australian Capital Territory and a portion of the sentencing transcript that included comments by the sentencing judge regarding the likelihood of the appellant becoming the object of homosexual activity if imprisoned. The applicant had pleaded guilty, and evidence was given on the plea during the sentencing process.