Moss v McIlveen [2010] NSWSC 1050

Moss v McIlveen [2010] NSWSC 1050

The application for leave was refused because the material provided did not demonstrate reasonable prospects of a successful perjury prosecution, relying largely on uncorroborated testimony and attempts to relitigate issues already determined. There was no rational basis for preferring the applicant's account over...

Source-derived case information.

Parties
Applicant: William Wayne Moss (aka William Walter Miller); Respondent: Luke McIlveen
Jurisdiction
Australia
Judgment Date
16 September 2010
Procedural Posture
Application for Leave for Private Prosecution / Judgment on Leave Application
Outcome
Leave refused. Summons dismissed with costs.
Legal Topics
Perjury, Private Prosecution, Leave to Prosecute, Abuse of Process
Criminal Law Perjury Private Prosecution Leave to Prosecute Abuse of Process

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Parties

William Wayne Moss (aka William Walter Miller)

Applicant

Luke McIlveen

Respondent

Procedural Posture

Application for Leave for Private Prosecution / Judgment on Leave Application

Legal Issues

  1. 1 Whether leave should be granted to the applicant to privately prosecute the respondent for perjury under s 338(2) of the Crimes Act 1900
  2. 2 Whether the proposed prosecution has reasonable prospects of success

Ratio Decidendi

The application for leave was refused because the material provided did not demonstrate reasonable prospects of a successful perjury prosecution, relying largely on uncorroborated testimony and attempts to relitigate issues already determined. There was no rational basis for preferring the applicant's account over the respondent's, and the evidence was insufficient to establish intentional falsehood or materiality as required by law.

Court Disposition

Leave refused. Summons dismissed with costs.

Orders

  • Leave to prosecute for perjury is refused.
  • Summons is dismissed.