Asling v The Queen

ASLING
v
THE QUEEN
[2018] HCASL 275
M90/2018

The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Victoria (Ferguson CJ, Beach and Ashley JJA), it is not otherwise in the interests of the proper administration of justice for leave to be granted and any appeal to this Court would not enjoy sufficient prospects of success. The application should be dismissed.
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
12 September 2018 J.J. Edelman

CaseChat Overview and Summary

In the High Court of Australia, the case of Asling v The Queen was heard and determined. The applicant, Asling, sought special leave to appeal from the decision of the Court of Appeal of the Supreme Court of Victoria, which dismissed his appeal against a conviction for murder. The legal issues the court was required to decide centred on the sufficiency of the applicant's grounds for appeal and the likelihood of success should special leave be granted. The applicant argued that the Court of Appeal erred in their handling of the appeal, and that there were questions of principle of general importance that warranted a review by the High Court.

The High Court considered the arguments presented and examined the nature and scope of the applicant's appeal. The Court found that the applicant had not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. The Court also determined that it was not in the interests of the proper administration of justice for leave to be granted, and that any appeal to this Court would not enjoy sufficient prospects of success. As such, the application for special leave to appeal was dismissed.

The reasoning of the High Court was based on the principle that special leave to appeal should only be granted in exceptional circumstances where the appeal raises a question of law of general importance or where there is a substantial miscarriage of justice. The Court found that the applicant's appeal did not meet these criteria and, as such, was not deserving of special leave to appeal. The Court also considered the principles of finality and the efficient administration of justice in reaching its decision.

In light of the decision, the High Court ordered that the Registrar draw up, sign and seal an order dismissing the application. This order was made pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth). The final orders of the Court were that the application for special leave to appeal be dismissed and that the Registrar prepare the necessary order to that effect.

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