Vella v State of Western Australia

[2007] HCATrans 167

[2007] HCATrans 167

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P22 of 2006

B e t w e e n -

JOSEPH BERNARD VELLA

Applicant

and

THE STATE OF WESTERN AUSTRALIA

Respondent

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 27 APRIL 2007, AT 9.19 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant was convicted on 29 December 2003 of the wilful murder of his wife.  At trial, the applicant pleaded not guilty to the wilful murder charge, but pleaded guilty to other charges including a prior assault on the deceased occasioning her bodily harm.

The applicant applied to the Court of Appeal for leave to appeal against the assault conviction, relying upon alleged police advice to plead guilty, negligent legal advice and the existence of fresh hearsay evidence of the deceased's possible intoxication at the time of the assault.  Roberts‑Smith JA ruled that there was no prospect of success on any of the applicant's contentions, and refused leave to appeal.

The applicant pressed similar contentions on a review application before Steytler P, Wheeler and Buss JJA.  Their Honours concluded that nothing in the appellant's claim gave rise to any miscarriage of justice, and concluded that Roberts-Smith JA had been correct in refusing leave to appeal.

The applicant before this Court raises no question of general principle that would justify a grant of special leave, and shows no error in the conclusions of the Court of Appeal.  Accordingly there are insufficient prospects of success in this Court to warrant a grant of special leave.

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

I publish the disposition signed by Justice Heydon and myself.

AT 9.20 AM THE MATTER WAS CONCLUDED