William M Firth v Director of Public Prosecutions

[2014] HCASL 91

WILLIAM M FIRTH

v

DIRECTOR OF PUBLIC PROSECUTIONS & ANOR

[2014] HCASL 91
S2/2014

1. On 18 January 2011, the applicant was charged with driving while suspended contrary to s 25A(2) of the Road Transport (Driver Licensing) Act 1998 (NSW), and on 24 January 2011, was convicted after pleading guilty. On 28 January 2011, the applicant was convicted of failing to undergo a breath test contrary to s 13(2) of the Road Transport (Safety and Traffic Management) Act 1999 (NSW). He was fined $200 and $400 respectively and was disqualified from driving for 12 months.

2. The District Court of New South Wales (Payne DCJ) dismissed the applicant's appeals against both convictions. Her Honour also refused to state a case to the Court of Criminal Appeal pursuant to s 5B of the Criminal Appeal Act 1912 (NSW).

3. The Court of Appeal of the Supreme Court of New South Wales (Emmett and Leeming JJA and Sackville AJA) found no judicially reviewable error on the part of Payne DCJ in either dismissing the appeals against conviction or in refusing to state a case.  

4. The applicant seeks special leave to appeal against the decision of the Court of Appeal. 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 requires an enlargement of time within which to file his application.  An enlargement should be granted, but special leave to appeal should be refused.  The applicant has not demonstrated any reason to doubt the correctness of the Court of Appeal's decision.  An appeal to this Court would enjoy no prospects of success.  

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

V.M. Bell
13 May 2014 S.J. Gageler