Yusuf v The Queen

[2007] HCATrans 765

[2007] HCATrans 765

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M135 of 2006

B e t w e e n -

HUSEYIN YUSUF

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON TUESDAY, 11 DECEMBER 2007, AT 9.32 AM

Copyright in the High Court of Australia

HAYNE J:   After a trial in the County Court of Victoria, the applicant was convicted on two counts of rape.  His application to the Court of Appeal of the Supreme Court of Victoria for leave to appeal against his convictions was dismissed.  He now seeks special leave to appeal to this Court.  His application for special leave is made out of time.

The applicant is unrepresented.  His written case makes a number of complaints alleging inconsistencies or inaccuracies in the complainant's evidence and in other evidence led at his trial but he identifies no arguable error in the reasoning of the Court of Appeal.  The respondent's submissions treated his application as making particular complaints about the tender at his trial of a largely exculpatory record of interview and about the competence of his representation at trial.  To the extent to which the applicant does put arguments of this kind, we are not persuaded that they raise an arguable case of miscarriage of justice.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish that disposition.

AT 9.33 AM THE MATTER WAS CONCLUDED