Aggarwal v The Queen

The applicant, Mr. Aggarwal, sought special leave to appeal to the High Court of Australia against a decision of the Supreme Court of New South Wales. The dispute concerned the applicant's conviction for a criminal offence.

The primary legal issue before the High Court was whether the Supreme Court had erred in dismissing the applicant's appeal against his conviction. Specifically, the court considered whether the trial judge had made a material error in admitting certain evidence, and whether this error, if it existed, had resulted in a miscarriage of justice.

Callinan J, sitting in chambers, considered the grounds of appeal. His Honour noted that the applicant had not demonstrated that the alleged error in admitting evidence was of such a nature as to warrant the grant of special leave to appeal. The applicant failed to establish that the admission of the evidence, even if erroneous, had led to a substantial wrong or miscarriage of justice, a necessary threshold for overturning a conviction on appeal.

Special leave to appeal was therefore refused.