Raoul Agapis v The State of Western Australia

[2012] HCASL 186

RAOUL AGAPIS

v

THE STATE OF WESTERN AUSTRALIA

[2012] HCASL 186
P25/2012

1. On 13 May 2011, the applicant was convicted on a charge of aggravated burglary following a jury trial in the District Court of Western Australia.  On 31 August 2011, Birmingham DCJ sentenced the applicant to fifteen months' imprisonment, suspended for two years.  The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia against his conviction and sentence on a number of grounds alleging various errors of law and that certain aspects of the trial had given rise to a miscarriage of justice.

2. The Court of Appeal (McLure P, Buss and Mazza JJA) considered each of the applicant's proposed grounds of appeal in detail and held that the trial judge did not err in his conduct of the trial and that the applicant did not suffer any miscarriage of justice.  On 6 July 2012, the Court of Appeal dismissed the application.

3. The applicant seeks special leave to appeal against the judgment of the Court of Appeal. As the applicant is unrepresented, the application is to be dealt with under r 41.10 of the High Court Rules 2004.

4. The application for special leave to appeal seeks to raise a number of grounds of appeal.  Those grounds were addressed by the Court of Appeal.  The application raises no question of principle and there is, in any event, no reason to doubt the correctness of the decision of the Court of Appeal.  Special leave is refused.

5. Pursuant to r 41.10.5 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