Alexander (a pseudonym) v The King

ALEXANDER (A PSEUDONYM)
v
THE KING
[2023] HCASL 105
S23/2023

The applicant requires an extension of time within which to seek special leave to appeal from a decision of the Court of Criminal Appeal of New South Wales (Payne JA and Button and Lonergan JJ) dismissing the applicant's appeal against conviction and sentence. None of the applicant's proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of special leave to appeal. It would therefore be futile to grant the extension that is sought. Special leave should be refused.
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.

M.M Gordon S.H.P Steward

3 August 2023

CaseChat Overview and Summary

The case of Alexander v The King involves an applicant seeking an extension of time to apply for special leave to appeal against a decision of the Court of Criminal Appeal of New South Wales. The Court of Criminal Appeal had dismissed the applicant's appeal against his conviction and sentence. The application for an extension of time was heard by Gordon and Steward JJ in the High Court of Australia. The primary legal issue before the court was whether the applicant's proposed grounds of appeal had sufficient prospects of success to warrant the grant of special leave to appeal.

The court found that none of the proposed grounds of appeal had sufficient prospects of success, and thus granting the extension would be futile. In determining this, the court considered the strength of the applicant's arguments and the likelihood of success at the appeal stage. The court held that it was not appropriate to grant the extension sought, as the applicant's chances of success at the appeal stage were insufficient.

As a result, the court refused the application for an extension of time to seek special leave to appeal. The court's decision was based on the lack of sufficient prospects of success for the applicant's proposed grounds of appeal. Pursuant to rule 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.

Continue reading Alexander (a pseudonym) v The King

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