DAVIES v The Queen

DAVIES
v
THE QUEEN
[2020] HCASL 99
M148/2019

An extension of time is required to enable this application for special leave to appeal to proceed. The applicant seeks special leave to appeal from part of the decision of the Court of Appeal of the Supreme Court of Victoria (Kaye, McLeish and T Forrest JJA) that refused leave to appeal on various grounds against the appellant's conviction on five counts of arson, that dismissed his appeal against conviction on what was ground three of the appeal below and that granted his appeal against sentence.
The applicant identifies no question of principle which it would be in the interests of justice for this Court to consider and there is no reason to doubt the correctness of the Court of Appeal's judgment. Accordingly, it would be futile to grant an extension of time. The application should be dismissed.
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.

G.A.A Nettle M.M Gordon

17 April 2020

CaseChat Overview and Summary

Davies sought special leave to appeal against his conviction and sentence for five counts of arson. The Court of Appeal of the Supreme Court of Victoria had dismissed his appeal against conviction on one ground and had granted his appeal against sentence. The primary legal issue before the court was whether an extension of time should be granted to enable the application for special leave to appeal to proceed. The court also needed to determine if there was any question of principle that would be in the interests of justice for the High Court to consider, and whether there was any reason to doubt the correctness of the Court of Appeal's judgment.

The High Court found that Davies had not identified any question of principle which it would be in the interests of justice for the court to consider. Additionally, the court found no reason to doubt the correctness of the Court of Appeal's judgment. Therefore, the court concluded that granting an extension of time would be futile. The court held that the application should be dismissed and ordered the Registrar to draw up, sign and seal the order dismissing the application.

Davies' application for special leave to appeal was dismissed. The court found that there was no question of principle that warranted the High Court's consideration, and no reason to doubt the correctness of the Court of Appeal's judgment. As a result, the application was futile and was dismissed.

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