1 Jun 2021
Leave to appeal out of time is declined because the applicant provided no satisfactory explanation for the extreme delay and the proposed appeal lacks sufficient merit such that refusal does not produce a miscarriage of justice.
5 Apr 2019
The Court refused leave because the Court of Appeal correctly concluded the charging document, while defective for omitting particulars, was not a nullity and s 379 saved the defect: the summary of facts served on 1 December 2015 supplied sufficient particulars so no miscarriage of justice was shown, and a stay was not warranted given absence of bad faith and the public interest in bringing accused to trial.
2 Nov 2018
The statutory charge of sexual violation sufficiently informed the defendant of the essential elements; further particulars were unnecessary and precluded by lack of evidence as to the precise means of penetration; where alternatives are modes of a single act unanimity on the exact mode is unnecessary so long as the jury unanimously find the defendant penetrated the complainant; the forensic and interview evidence were relevant and admissible; no miscarriage of justice was shown and the appeal is dismissed.
14 Aug 2017
Leave to appeal was dismissed because the applicant failed to show any real risk of miscarriage: he was adequately informed of the charge despite no separate counts for each impact; the late pathologist statement did not prejudice the defence given the original opinion and the defence case of accident; and leaving manslaughter did not create a miscarriage or raise a matter of public importance.