Cameron James Mansell v His Honour Magistrate G Mignacca‑Randazzo

CAMERON JAMES MANSELL
v
HIS HONOUR MAGISTRATE G MIGNACCA‑RANDAZZO
[2014] HCASL 182
P6/2014

The applicant was convicted, in the Magistrates Court of Western Australia, of a contempt of that Court contrary to s 15(1)(e) of the Magistrates Court Act 2004 (WA). The Magistrate (who is the respondent to this application) sentenced the applicant to one month's imprisonment.
The applicant sought leave to appeal to the Supreme Court of Western Australia against that conviction. The primary judge (Hall J) granted leave but dismissed the appeal.
The applicant sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia against the orders of Hall J. That Court (McLure P, Newnes and Mazza JJA) refused leave to appeal.
The applicant now seeks special leave to appeal to this Court. Because the applicant is unrepresented, his application falls to be dealt with under r 41.10 of the High Court Rules 2004.
The application is brought out of time and the applicant seeks an order under r 41.02.2 dispensing with the requirement to comply with the time limit in r 41.02.1. The applicant also applies, by summons, for leave to file an amended draft notice of appeal and summary of argument. It is not necessary to consider either the application for an extension of time or the application for leave to amend.
We see no reason to doubt the correctness of the conclusions reached by the Court of Appeal. An appeal to this Court would enjoy no prospect of success.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
15 October 2014 S.M. Crennan

CaseChat Overview and Summary

Cameron James Mansell, the applicant, sought to appeal a conviction for contempt of the Magistrates Court of Western Australia, which was upheld by the Supreme Court and Court of Appeal. Mansell was convicted under section 15(1)(e) of the Magistrates Court Act 2004 (WA) and sentenced to one month's imprisonment by Magistrate G Mignacca-Randazzo. After the Supreme Court granted leave to appeal but dismissed the appeal, Mansell sought leave to appeal to the Court of Appeal of the Supreme Court of Western Australia. This application was also dismissed. Mansell then sought special leave to appeal to the High Court, applying for leave to file an amended draft notice of appeal and summary of argument, and an extension of time.

The legal issues before the Court were whether Mansell's application for special leave to appeal was timely, and if the Court of Appeal's decision was correct. The Court had to consider whether an appeal to the High Court would have any prospect of success, and whether the Court should grant leave for Mansell to file an amended draft notice of appeal and summary of argument, and extend the time limit. The Court held that it saw no reason to doubt the correctness of the Court of Appeal's conclusions, and that an appeal to the High Court would enjoy no prospect of success. Therefore, the Court did not consider it necessary to consider either the application for an extension of time or the application for leave to amend.

In light of this, the Court dismissed Mansell's application for special leave to appeal. The Court directed the Registrar to draw up, sign and seal an order dismissing the application, pursuant to rule 41.10.5. The Court was of the view that the Court of Appeal's decision was correct, and that an appeal to the High Court would have no prospect of success. The Court's decision was made in accordance with the relevant rules and procedures of the High Court.

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