The Court of Appeal held that s 118(3) of the District Court of Queensland Act 1967 does not permit a second application for leave to appeal where the first application was dismissed on the merits, resolving a question left open in R v [name withheld] and Storry v Commissioner of Police. The Court expressly left open whether different considerations apply where the first application was disposed of on procedural grounds (e.g. out of time, non-compliance with directions). Even assuming jurisdiction existed, the Court found no basis for granting leave given the absence of fresh evidence, the long-available nature of the material relied upon, the applicant's failure to cross-examine on the relevant document at trial or on appeal, and the immateriality of the photographs to the conviction.
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