Further Edit: The Court of Appeal have handed down their decision in Kypri. See our discussion of it here.
Edit A colleague rang me this morning to say he hears leave to appeal was granted. That sure don't sound like a 'failure', so it seems my first thoughts below were a bit premature!
The Herald-Sun reports today that the DPP appeal against DPP v Kypri  VSC 400 'failed' on Friday. I guess that means leave to appeal was refused. (I discussed the Supreme Court judgment in Kypri here in September.)
The Supreme Court's lists show the appeal was listed for 9:30 AM last Thursday 28 Oct in the Red Court before Harper and Hansen JJ, but there's no result available online. Yet. Assuming one will be.
It could be that if leave to appeal was refused, there will be no 'judgment', especially given the Court of Appeal previously dealt with the same point when it refused leave to appeal in Clarke v Goodey.
Unless the HUN has it wrong, it seems the police now have to reconsider their model charge-wording for refusal charges.