18 Mar 2010
Leave to appeal was refused because the applicant sought to raise new grounds in this Court that were not advanced in the Court of Appeal and it was inappropriate to entertain such a challenge while the trial was in progress; the judgement left open the possibility of raising those grounds on appeal after conviction.
20 Oct 2009
When a judge properly applies the specific statutory criteria in s361D and is satisfied those criteria are met, the limitation on the right to jury is a justified limitation and no separate s5 justificatory step is required; concurrent conclusions of the trial judge and Court of Appeal that s361D applied cannot be impugned here and do not merit leave to appeal.
21 Nov 2007
Special leave under s 26P(1AA) is warranted where an appeal raises issues of principle of sufficient importance — the proposed appeal concerning the constitutional right to jury trial met that threshold — and an adequate explanation for late filing justifies granting leave out of time; the court did not decide the correctness of the underlying s 19A(5) decision.