Aziz (a pseudonym) v The King

Case

[2023] HCASL 8


Aziz (a pseudonym)

v

The King

[2023] HCASL 8
S128/2022

  1. 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.  

  2. 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.

  3. 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
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High Court Bulletin [2023] HCAB 1

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