Bussey v The Queen

BUSSEY
v
THE QUEEN
[2021] HCASL 156
S51/2021

An extension of time is necessary to allow this application for special leave to appeal to proceed. The appeal against conviction foreshadowed by the application for special leave would not raise any question of general principle, and the interests of justice in this particular case are not engaged so as to warrant the grant of special leave to appeal. The proposed appeal against sentence raises no issue of principle, and does not enjoy sufficient prospects of success to warrant the grant of special leave to appeal. Both grounds of the application should be refused. It would be futile, in these circumstances, to grant the extension of time to enable the application to proceed.
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.

P.A. Keane J.S. Gleeson

12 August 2021

CaseChat Overview and Summary

The case of Bussey v The Queen involved an appeal against both conviction and sentence, which was dismissed by the High Court of Australia. The applicant, Bussey, sought special leave to appeal against both the conviction and the sentence imposed by the lower court. The High Court was tasked with determining whether the application for special leave to appeal should be granted, particularly in light of the need for an extension of time to proceed with the application.

The central legal issues the court needed to address were whether the appeal against conviction and sentence raised any questions of general legal principle, and whether the interests of justice in Bussey's particular case warranted the grant of special leave to appeal. Additionally, the court had to consider if the proposed appeal against the sentence had sufficient prospects of success to merit the grant of special leave.

In its reasoning, the court found that the appeal against conviction did not present any question of general principle. It also determined that the interests of justice did not support granting special leave in this instance. Regarding the appeal against sentence, the court concluded that it did not raise any issue of principle and lacked the requisite prospects of success. As a result, the application for special leave to appeal was dismissed, and it was deemed futile to grant an extension of time for the application to proceed. Consequently, the court directed the Registrar to issue an order dismissing the application.

Ultimately, the High Court ordered that the application for special leave to appeal be dismissed, and the Registrar was directed to draw up, sign, and seal the corresponding order. This decision was rendered on August 12, 2021, by Keane and Gleeson, who were the justices involved in the case.

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