The Queen v Albert Mejia (a pseudonym)

[2017] HCASL 94

THE QUEEN

v

ALBERT MEJIA (A PSEUDONYM)

[2017] HCASL 94
M189/2016

1. The applicant seeks special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Victoria (Kyrou and Kaye JJA, Maxwell P dissenting) allowing the respondent's appeal against conviction before the County Court of Victoria at Melbourne of three counts of rape, seven counts of incest and five counts of indecent act with a child under 16 years of age.

2. The decision of the Court of Appeal involved the application of established principles to the facts of the case, with the result that the application for special leave does not raise a question of law of general importance.  Moreover, although we do not necessarily agree with all of the reasoning of the majority of the Court of Appeal, we are not persuaded that their decision is attended by sufficient doubt to warrant the grant of special leave. 

3. Consistently with the ordinary practice of the Court in applications for special leave in criminal matters, the respondent's application for costs is refused.

4. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
6 April 2017 G.A.A. Nettle