BM v The Queen

BM
v
THE QUEEN
[2019] HCASL 191
S27/2019

This application for special leave to appeal requires an extension of time in order to proceed. The proposed ground of appeal from the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Basten JA and Adamson J, Campbell J dissenting) would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. Accordingly it would be futile to grant the extension of time that is sought. 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 J.J Edelman

12 June 2019

CaseChat Overview and Summary

The case of BM v The Queen was heard by the High Court of Australia, where the applicant sought special leave to appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The Court of Criminal Appeal had previously decided against the applicant, and the applicant now sought to appeal that decision to the High Court. The primary legal issue before the High Court was whether the application for special leave to appeal should be granted, which would allow the applicant to proceed with an appeal against the Court of Criminal Appeal's decision. The High Court had to assess whether the proposed grounds for appeal had sufficient prospects of success to warrant the grant of special leave.

In assessing the merits of the proposed appeal, the High Court considered the arguments presented by both parties and the reasons given by the Court of Criminal Appeal for its decision. The High Court found that the proposed grounds for appeal did not have sufficient prospects of success to justify the grant of special leave. The Court determined that the application for special leave to appeal would be futile, as the chances of success were minimal. As a result, the High Court dismissed the application for special leave to appeal and did not grant the extension of time sought by the applicant. The Court directed the Registrar to prepare an order formalising the dismissal of the application.

The final orders of the Court were straightforward, with the High Court dismissing the application for special leave to appeal and directing the Registrar to prepare an order formalising this decision. This outcome means that the applicant is unable to proceed with an appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The Court's decision effectively ends the applicant's opportunity to challenge the outcome of the Court of Criminal Appeal in the High Court.

Continue reading BM v The Queen

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established