Aziz (a pseudonym) v The King

Aziz (a pseudonym)
v
The King
[2023] HCASL 8
S128/2022

The applicant requires an extension of time within which to seek special leave to appeal from a decision of the New South Wales Court of Criminal Appeal (Simpson AJA, Adamson and Lonergan JJ) dismissing the applicant's appeal against conviction in the District Court of New South Wales.
In the particular circumstances of this case, including the contextual significance of the evidence that is now disputed and the decision made at trial by counsel for the applicant not to challenge that evidence, there are insufficient prospects of success to warrant a grant of special leave to appeal. The application is therefore an inappropriate vehicle to consider any question of principle arising. Accordingly, special leave should be refused. It would therefore be futile to grant the extension of time sought.
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.

J.J. Edelman S.H.P. Steward

9 February 2023

CaseChat Overview and Summary

Aziz, using a pseudonym, applied for an extension of time to seek special leave to appeal from the New South Wales Court of Criminal Appeal, which had dismissed his appeal against his conviction in the District Court of New South Wales. The primary concern was the prospects of success in obtaining special leave to appeal, given the circumstances of the case. The applicant’s counsel had decided not to challenge certain evidence during the trial, which was now being disputed. The Court had to decide whether there were sufficient prospects of success to warrant a grant of special leave to appeal, and whether the application was an appropriate vehicle to consider any question of principle arising.

The High Court found that the evidence now being disputed held contextual significance, and the decision by the applicant's counsel not to challenge it during the trial significantly impacted the prospects of success. The Court concluded that there were insufficient prospects of success to warrant a grant of special leave to appeal. The application was deemed an inappropriate means to consider any question of principle arising. The Court held that it would be futile to grant the extension of time sought, as the prospects of success were minimal.

As a result of the Court's reasoning, the application for an extension of time to seek special leave to appeal was dismissed. The High Court directed the Registrar to draw up, sign, and seal an order dismissing the application. The order was issued on 9 February 2023.

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