Dib v The King

DIB

THE KING

[2024] HCASL 169
S28/2024

The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Criminal Appeal of New South Wales (Simpson A-JA, Garling and Ierace JJ agreeing), which granted an extension of time within which to appeal and leave to appeal against a sentence imposed on the applicant by the District Court of New South Wales (Yehia SC DCJ).
There is insufficient reason to doubt the correctness of the Court of Appeal's decision to warrant a grant of special leave to appeal. Accordingly, it would be futile to grant an extension of time.
Special leave to appeal is refused.

Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J

6 June 2024

CaseChat Overview and Summary

The case of Dib v The King involves an application by the applicant for an extension of time to seek special leave to appeal against a judgment of the Court of Criminal Appeal of New South Wales. The Court of Appeal had previously granted the applicant an extension of time and leave to appeal against a sentence imposed by the District Court of New South Wales. The High Court was asked to determine whether it should grant the applicant an extension of time to seek special leave to appeal from the High Court. The legal issues at hand were whether there was sufficient reason to doubt the correctness of the Court of Appeal's decision and whether granting an extension of time would be futile.

The High Court considered the merits of the applicant's case and the reasons provided by the Court of Appeal for its decision. The Court concluded that there was insufficient reason to doubt the correctness of the Court of Appeal's decision. The Court found that the applicant had not provided any compelling evidence or arguments to suggest that the Court of Appeal's decision was incorrect. Additionally, the Court found that granting an extension of time would be futile because the applicant's prospects of success on appeal to the High Court were minimal.

Based on the above, the High Court refused the application for an extension of time to seek special leave to appeal. The Court found that there was no sufficient reason to doubt the correctness of the Court of Appeal's decision and that granting an extension of time would be futile. The Court's decision was made by Gageler CJ, Gordon J, Edelman J, Steward J, Gleeson JJ, Jago J, and Beech-Jones J, and was handed down on 6 June 2024. The final orders of the Court were that special leave to appeal was refused.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established