Elsworth v The King

ELSWORTH
v
THE KING
[2024] HCASL 98
S154/2023

The applicant requires an extension of time within which to seek special leave to appeal from part of a judgment of the Court of Criminal Appeal of New South Wales (Garling, Button and Wilson JJ), granting leave to appeal and dismissing an appeal against conviction by a jury in the District Court of New South Wales.
The application does not identity a principle of general importance sufficient to warrant the grant of special leave. The proposed appeal also lacks sufficient prospects of success. Accordingly, it cannot be said that the administration of justice, either generally or in this particular case, supports the grant of special leave. It would therefore be futile to grant the extension of time that is sought.
Special leave to appeal is refused.
Gageler CJ
Gordon J
Edelman J
Steward J
Gleeson J
Jagot J
Beech-Jones J
11 April 2024

CaseChat Overview and Summary

The applicant, Elsworth, sought an extension of time to appeal from a judgment of the Court of Criminal Appeal of New South Wales, which had granted leave to appeal and dismissed an appeal against a conviction by a jury in the District Court of New South Wales. The Supreme Court of the State considered the application, examining whether an extension of time should be granted.

The legal issues before the court were whether the proposed appeal identified a principle of general importance sufficient to warrant the grant of special leave and whether the appeal had sufficient prospects of success. The court was also required to determine whether the administration of justice supported the grant of special leave.

The court found that the applicant did not identify a principle of general importance sufficient to warrant the grant of special leave, nor did the proposed appeal have sufficient prospects of success. The court concluded that it would be futile to grant the extension of time sought, as the appeal would not lead to a meaningful outcome. The court therefore refused special leave to appeal, indicating that the administration of justice did not support the grant of special leave.

The final orders of the court were that special leave to appeal was refused. The applicant was denied an extension of time to seek special leave to appeal from the judgment of the Court of Criminal Appeal of New South Wales.

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