El Ali v The Queen

EL ALI
v
THE QUEEN
[2021] HCASL 46
S54/2020

Following a request from the Court, this application for special leave to appeal from two judgments of the Court of Criminal Appeal of the Supreme Court of New South Wales, was amended with the helpful assistance of pro bono counsel and was further amended by the applicant. However, and in light of the response, none of the proposed grounds of appeal has sufficient prospects of success to warrant the grant of special leave to appeal. An extension of time is required for this application to proceed. 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.

P.A. Keane J.J. Edelman

11 March 2021

CaseChat Overview and Summary

El Ali has applied for special leave to appeal against two judgments of the Court of Criminal Appeal of the Supreme Court of New South Wales. The application has been amended multiple times, including by pro bono counsel, but the proposed grounds of appeal do not have sufficient prospects of success to warrant the grant of special leave. The appeal concerns the conviction of El Ali for the murder of a police officer, and the sentence imposed upon him.

The central legal issues were whether the proposed grounds of appeal had sufficient prospects of success, and whether an extension of time should be granted to allow the application to proceed. The High Court had to determine if the amendments to the application provided a sufficient basis for special leave to appeal, and whether granting an extension of time would be appropriate.

The Court found that none of the proposed grounds of appeal had sufficient prospects of success, and that the application was unlikely to succeed. The Court also found that it would be futile to grant an extension of time, and that the application should be dismissed. The Court emphasised the importance of the requirement that the proposed grounds of appeal have sufficient prospects of success, and that the amendments to the application did not change this fundamental requirement.

Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Court directs the Registrar to draw up, sign and seal an order dismissing the application. The application for special leave to appeal is dismissed.

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established