Shaun Kevin Wright v Laura Jane McMurchy

[2013] HCASL 70

SHAUN KEVIN WRIGHT

v

LAURA JANE MCMURCHY

[2013] HCASL 70
P5/2013

1. The applicant pleaded guilty to, and was convicted in the Magistrates Court of Western Australia of, doing an indecent act in a public place contrary to s 203(1)(a) of the Criminal Code (WA). The facts material to that offence were that, as a taxi driver on night shift in the metropolitan area of Perth, he used his mobile phone to take photographs up the skirt of a female passenger who was unconscious in the front seat of his taxi.

2. The applicant appealed against his conviction to the Supreme Court of Western Australia.  His appeal was dismissed by Commissioner Sleight.  He further appealed, by leave, to the Court of Appeal of the Supreme Court of Western Australia on grounds which included that the material facts did not disclose the offence of which he was convicted.  In dismissing the appeal, the Court of Appeal held the interior of a taxi to fall within the definition of "public place" in s 1 of the Criminal Code. 

3. The applicant seeks special leave to appeal against the orders of the Court of Appeal of the Supreme Court of Western Australia.

4. The materials filed in support of the application seek to re-agitate the same issues on substantially the same grounds as were before the Court of Appeal.  They disclose no reason to doubt the correctness of Court of Appeal's decision.

5. The applicant requires an extension of time in which to file his application for special leave to appeal to this Court. That extension should not be granted:  an appeal to this Court would enjoy no prospect of success.

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
8 May 2013 S.J. Gageler