Croft v The Queen

Case [2022] HCASL 120

CROFT

v

THE QUEEN

[2022] HCASL 120
S180/2021

  1. An extension of time is required to enable this application for special leave to appeal to proceed. The applicant sought to have his convictions for various offences set aside and that a new trial be had in respect of those offences. The applicant died after his application had been filed, but before it could be determined. In accordance with the decision of this Court in Singh v The Queen (2020) 94 ALJR 714; 381 ALR 189, it is no longer possible to make the orders sought by the applicant, and so the application for special leave to appeal should be dismissed. That being so, it would be futile to grant the extension of time required to allow the application to proceed.

  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.

P.A. Keane J.S. Gleeson
16 June 2022
Details
AGLC
Croft v The Queen [2022] HCASL 120
Case
[2022] HCASL 120
Decision Date

CaseChat Overview and Summary

The case of Croft v The Queen involved the deceased applicant who sought to have his convictions for various offences set aside and to have a new trial for those offences. The application was made to the High Court of Australia. The applicant died before the application could be determined, which presented a legal issue regarding the continuation of the appeal process.

The primary legal issue before the court was whether the application for special leave to appeal could proceed despite the applicant's death. Given that the applicant could no longer benefit from the relief sought, the court had to determine if it was appropriate to continue with the application. The court considered the decision in Singh v The Queen, which established that it was no longer possible to make the orders sought by the applicant after their death.

The High Court found that it would be futile to grant the extension of time required for the application to proceed as the applicant could no longer benefit from the relief sought. Therefore, the application for special leave to appeal was dismissed. The court directed the Registrar to draw up, sign, and seal an order dismissing the application in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth). The decision was handed down on 16 June 2022.

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Orders of the court

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Background

Background to the litigation

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Evidence Before The Court

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Ratio Decidendi

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