In R v KAY [No 2] [2024] QCA 85, the applicant was previously convicted on 27 May 2019 for multiple counts of sexual offences against his daughter. His initial appeal was dismissed on 29 January 2021. On 16 February 2023, the applicant filed for an extension to appeal the conviction based on alleged non-disclosure of inconsistent witness statements by the Crown, aiming to advance this new ground of appeal.
The Court clarified that it had no jurisdiction to entertain a second appeal based on established legal precedent. Nevertheless, the Court acknowledged pending legislative changes that, once proclaimed, could permit further appeals under constrained circumstances. Consequently, the application was dismissed, with an advisory note on potential future rights under the forthcoming amendments.