Croft v The Queen

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.