Carrall v The Queen

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CARRALL

v

THE QUEEN

[2019] HCASL 219
B14/2019

  1. 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 Appeal of the Supreme Court of Queensland (Sofronoff P; Jackson and Bowskill JJ agreeing) 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.

  2. 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
7 August 2019
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Details
Case
[2019] HCASL 219
Decision Date

CaseChat Overview and Summary

The applicant, Carrall, sought special leave to appeal against the decision of the Court of Appeal of the Supreme Court of Queensland in relation to their criminal conviction. The application included a request for an extension of time to proceed with the appeal. The case centred on the legal issues pertaining to the sufficiency of the grounds for appeal and the potential for success of the appeal.

The primary legal issue addressed by the court was whether the grounds of appeal presented by Carrall had sufficient prospects of success to warrant a grant of special leave to appeal. The court assessed whether it would be futile to grant the extension of time requested by Carrall. The court also considered the principles of special leave to appeal, focusing on the merits and the likelihood of success of the proposed grounds.

The court found that the grounds for appeal did not have sufficient prospects of success to justify a grant of special leave to appeal. Consequently, the court concluded that it would be futile to grant the extension of time sought by Carrall. The application for special leave to appeal was dismissed on these grounds. The court's reasoning was based on the evaluation of the merits of the proposed grounds and the principles governing special leave to appeal.

The final order of the court was to dismiss the application for special leave to appeal. Pursuant to the relevant rule, the Registrar was directed to draw up, sign, and seal the order. This decision was made on 7 August 2019 by Justices Gordon and Edelman.

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