Aitchison v The Queen

Case [2022] HCASL 23

AITCHISON

v

THE QUEEN

[2022] HCASL 23
C18/2021

  1. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of the Australian Capital Territory, which refused leave to appeal out of time against the applicant's conviction and sentence. There is no reason to doubt the Court of Appeal's decision to refuse leave. Accordingly, special leave should be refused.

  2. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

P.A. Keane J.S. Gleeson
17 February 2022

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AGLC
Aitchison v The Queen [2022] HCASL 23
Case
[2022] HCASL 23
Decision Date

CaseChat Overview and Summary

The applicant in this case sought special leave to appeal from a decision made by the Court of Appeal of the Supreme Court of the Australian Capital Territory. This decision was a refusal to grant leave to appeal out of time against the applicant's conviction and sentence. The applicant's appeal to the High Court was based on the argument that the Court of Appeal's decision was unjust. The matter was heard by the High Court under the provisions of the High Court Rules 2004 (Cth).

The legal issues that the court had to decide included whether there were any grounds to grant special leave to appeal against the Court of Appeal's decision, and whether the Court of Appeal's decision was unjust. The court also considered whether there were any exceptional circumstances that would warrant granting special leave to appeal. The court examined the Court of Appeal's decision and the reasons for the refusal to grant leave to appeal.

After careful consideration of the arguments presented by the applicant, the court found that there was no reason to doubt the Court of Appeal's decision to refuse leave. The court noted that the Court of Appeal had carefully considered the matter and had provided detailed reasons for its decision. The court found that the applicant had not demonstrated any exceptional circumstances that would warrant granting special leave to appeal. The court was satisfied that the Court of Appeal's decision was just and that there were no grounds to grant special leave to appeal.

Accordingly, the court dismissed the application for special leave to appeal. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application. The decision was made on 17 February 2022.

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