Donnelly v Director Of Public Prosecutions (SA) & Anor

[2024] HCASL 261

DONNELLY

v

DIRECTOR OF PUBLIC PROSECUTIONS (SA) & ANOR

[2024] HCASL 261
A12/2024

1. The applicant seeks an extension of time to apply for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of South Australia (Kourakis CJ, Doyle JA agreeing and Blue A-JA dissenting). That decision amended a declaration made by, but otherwise dismissed an appeal from a judgment of, the Magistrates Court of South Australia (Magistrate Panagiotidis). That appeal, and the application to this Court, concern the interpretation of s 6A(1)(b) of the Criminal Assets Confiscation Act 2005 (SA).

2. The proposed appeal raises no point of general principle and does not enjoy sufficient prospects of success to warrant the grant of special leave to appeal. It would therefore be futile to grant the extension of time that is sought.

3. Special leave to appeal is refused.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J
   Gleeson J
   Jagot J

   Beech-Jones J

   10 October 2024