CCT v The King

CCT
v
THE KING
[2023] HCASL 70
B9/2023

The applicant requires an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Appeal of the Supreme Court of Queensland (Sofronoff P, McMurdo JA and Applegarth J) dismissing his appeal against conviction and sentence.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension that is sought. Special leave should be refused.
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 S.H.P. Steward

11 May 2023

CaseChat Overview and Summary

The applicant in this case sought an extension of time to apply for special leave to appeal against a unanimous decision of the Supreme Court of Queensland’s Court of Appeal dismissing his appeal against conviction and sentence. The High Court considered whether it should grant the extension. The applicant argued that the case involved a question of principle of general importance, but the Court disagreed, finding that the applicant had not identified such a question. The applicant also failed to identify any arguable grounds of appeal against the decision of the Court of Appeal. The Court held that an appeal to the High Court would have no prospects of success and would therefore be futile. The High Court therefore refused the application for an extension of time.

The central legal issue before the Court was whether it should grant the applicant an extension of time to apply for special leave to appeal. In considering this issue, the Court was required to determine whether the applicant had identified a question of principle of general importance, and whether there were any arguable grounds of appeal against the decision of the Court of Appeal. The Court concluded that the applicant had not identified a question of principle of general importance, and that there were no arguable grounds of appeal against the decision of the Court of Appeal. The Court therefore held that an appeal to the High Court would have no prospects of success and would therefore be futile.

In reaching its decision, the Court considered the relevant legal principles and authorities. The Court noted that it would only grant an extension of time if the applicant had identified a question of principle of general importance, or if there were arguable grounds of appeal against the decision of the Court of Appeal. The Court held that the applicant had not identified a question of principle of general importance, and that there were no arguable grounds of appeal against the decision of the Court of Appeal. The Court therefore concluded that an appeal to the High Court would have no prospects of success and would therefore be futile.

The Court accordingly dismissed the application for an extension of time and directed the Registrar to draw up, sign and seal an order to that effect. The Court held that it would be inappropriate to grant the extension sought by the applicant, given that an appeal to the High Court would have no prospects of success and would therefore be futile. The Court noted that the applicant had not identified a question of principle of general importance, and that there were no arguable grounds of appeal against the decision of the Court of Appeal. The Court held that the applicant’s appeal would therefore be dismissed, and that special leave to appeal should be refused.

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CaseChat Overview and Summary

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