Raoul Agapis

[2015] HCASL 125

RAOUL AGAPIS

[2015] HCASL 125
P13/2015

1. Following a jury trial in the District Court of Western Australia (Judge Birmingham), the applicant was convicted on a charge of aggravated burglary and was sentenced to one year and three months' imprisonment, suspended for two years.  The applicant's appeal against conviction was dismissed by the Court of Appeal of the Supreme Court of Western Australia, and the applicant was refused special leave to appeal to this Court.

2. The applicant subsequently applied for judicial review of the District Court decision in the Supreme Court of Western Australia, seeking a declaration and writs of certiorari and mandamus.  The Court (McKechnie J) dismissed the application, determining that neither certiorari nor mandamus could issue, and that the application – as a collateral attack on the applicant's conviction – constituted an abuse of process.

3. The applicant appealed to the Court of Appeal. Pursuant to r 43(2)(g)(i) of the Supreme Court (Court of Appeal) Rules 2005 (WA), the Court of Appeal (Newnes and Murphy JJA) dismissed the appeal on the basis that none of the grounds of appeal had a reasonable prospect of succeeding.

4. The applicant now seeks special leave to appeal from the order of the Court of Appeal. The applicant requires an enlargement of time within which to lodge this application. As the applicant does not have legal representation, the application falls to be dealt with under rr 4.02 and 41.10 of the High Court Rules 2004 (Cth).

5. The applicant has not demonstrated any reason to doubt the correctness of the Court of Appeal's decision, an appeal to this Court would have no prospect of success, and it would therefore be futile to grant the enlargement of time sought by the applicant.  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
13 August 2015 S.J. Gageler