Tiberije Flora v The Queen

[2014] HCASL 17

TIBERIJE FLORA

v

THE QUEEN

[2014] HCASL 17
M131/2013

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of Victoria, dismissing the applicant's appeal against conviction and allowing his appeal against sentence.

2. On 5 December 2011, the applicant was convicted in the County Court of Victoria of one count of intentionally causing injury and one count of rape by digital penetration.  He was sentenced to six years and two months' imprisonment with a non-parole period of four years.  A single judge of the Court of Appeal (Harper JA) granted the applicant leave to appeal against his conviction and sentence on limited grounds.

3. On 31 July 2013, the Court of Appeal (Redlich, Weinberg and Coghlan JJA) dismissed the applicant's appeal against conviction but allowed the appeal against sentence, and resentenced the applicant to five years and two months' imprisonment with a non-parole period of three years. 

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The applicant has not advanced any reason to doubt the correctness of the conclusions reached by the Court of Appeal.  No point of general principle would fall for consideration if special leave to appeal to this Court were granted.  To the extent that the applicant wishes to raise new points which rely on evidence not before the courts below, the applicant has not demonstrated that it is in the interests of justice, either generally or in this particular case, that special leave to appeal be granted.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
12 February 2014 S.M. Crennan