Athans v The King

ATHANS
v
THE KING
[2023] HCASL 74
A1/2023

The applicant requires an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of South Australia (Kourakis CJ, Livesey P and Lovell JA) dismissing his appeal against conviction.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Criminal Appeal. An appeal to this Court does not enjoy sufficient prospects of success. 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
11 May 2023 J.M. Jagot

CaseChat Overview and Summary

The High Court of Australia was approached by an applicant seeking an extension of time to lodge a special leave to appeal against the unanimous decision of the Court of Criminal Appeal of the Supreme Court of South Australia. The applicant's appeal against his conviction was dismissed by the Court of Criminal Appeal, which comprised Kourakis CJ, Livesey P, and Lovell JA. The applicant argued that there was a question of principle of general importance that warranted a grant of special leave to appeal, but he failed to identify this question or any other arguable ground of appeal.

The primary legal issue before the Court was whether the applicant's appeal had sufficient prospects of success to warrant an extension of time to lodge a special leave to appeal. The Court noted that the applicant had not identified any question of principle of general importance or any arguable ground of appeal against the decision of the Court of Criminal Appeal. The Court held that the appeal did not have sufficient prospects of success and that it would be futile to grant the extension sought. Consequently, the Court determined that special leave should be refused.

In its decision, the Court emphasised that the grant of special leave to appeal was a discretionary power that should be exercised sparingly, particularly where the applicant had not identified a question of principle of general importance or any arguable ground of appeal. The Court concluded that the applicant's appeal did not meet the threshold for special leave to appeal and that it would be futile to grant the extension that was sought. The Court directed the Registrar to draw up, sign, and seal an order dismissing the application. The Court's decision was made on 11 May 2023 by M.M. Gordon and J.M. Jagot.

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