William Eric Yabsley v The Queen

[2016] HCASL 28

WILLIAM ERIC YABSLEY

v

THE QUEEN

[2016] HCASL 28
H1/2016

1. The applicant seeks special leave to appeal against the order of the Court of Criminal Appeal of the Supreme Court of Tasmania made on 8 December 2015 that the applicant's appeal against convictions of one count of using a postal service to harass and seven counts of using a postal service to cause offence, contrary to s 471.12 of the Criminal Code (Cth) ("the Code"), be dismissed.

2. 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 (Cth).

3. In so far as the applicant challenges the constitutional validity of s 471.12 of the Code, this proceeding is not an appropriate vehicle for the grant of special leave to appeal. Otherwise, none of the applicant's proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of special leave to appeal.

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

G.A.A. Nettle
6 April 2016 M.M. Gordon