Tazroo v Police

[2005] HCATrans 937

[2005] HCATrans 937

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A30 of 2005

B e t w e e n -

OMID TAZROO

Applicant

and

POLICE

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 17 NOVEMBER 2005, AT 9.21 AM

Copyright in the High Court of Australia

HAYNE J:   The applicant pleaded guilty in the Magistrates Court of South Australia to charges of non-residential trespass and larceny.  In considering submissions on penalty, the Magistrate, before whom he appeared, described him as a “recidivist”.  In respect of both offences, the applicant was sentenced to two years, five months and 25 days imprisonment, with a non-parole period of 18 months. 

An appeal by the applicant was dismissed by a single judge of the Supreme Court of South Australia.  He then sought and was refused leave to appeal to the Full Court of the Supreme Court of South Australia.  He now seeks special leave to appeal to this Court in order to argue that his sentence was manifestly excessive.  As his application in that regard was filed out of time, he seeks an order for an extension of time in which to file his application.  Leave to apply for special leave out of time should be refused.  Any application for special leave would be bound to fail because an appeal would have no prospects of success. 

Because the applicant is unrepresented, the application falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004.

Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.22 AM THE MATTER WAS CONCLUDED