Bates v The Queen

[2000] HCATrans 293

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B43 of 1999

B e t w e e n -

GREGORY RALPH BATES

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 22 JUNE 2000, AT 10.25 AM

Copyright in the High Court of Australia

MS L.J. CLARE:   I appear for the respondent, your Honour.  (instructed by the Director of Public Prosecutions (Queensland))

McHUGH J:   This matter having been called outside the Court three times, it appears appropriate to deal with the matter on the papers, having regard to the powers conferred by Order 69A rule 15(2).  The Court is in a position to give reasons now.

In this matter, the applicant seeks special leave to appeal against an order of the Court of Criminal Appeal of Queensland refusing him an extension of time to appeal against conviction.  An earlier appeal to that court had been dismissed.  Whether or not the Court of Criminal Appeal had jurisdiction to hear a second appeal, in the exercise of its discretion it refused to extend the time for appealing.  That refusal was not merely open to the Court of Criminal Appeal, it was inevitable.  That being so, special leave to appeal must be refused.

Call the next matter.

AT 10.29 AM THE MATTER WAS CONCLUDED