GG v The Queen

Case [2019] HCASL 213


GG

v

THE QUEEN

[2019] HCASL 213
S28/2019

  1. An extension of time is necessary for this application for special leave to appeal to proceed.  The appeal foreshadowed by the application would not enjoy sufficient prospects of success to warrant the grant of special leave.  The application should be dismissed.  Accordingly, it would be futile to grant an extension of time.

  2. 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.

S.J. Gageler P.A. Keane
19 June 2019

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AGLC
GG v The Queen [2019] HCASL 213
Case
[2019] HCASL 213
Decision Date

CaseChat Overview and Summary

In the case of GG v The Queen, the applicant, GG, sought an extension of time to lodge an application for special leave to appeal against a conviction and sentence imposed by the Supreme Court of South Australia. The appeal pertained to a criminal conviction and sentence, but the specifics of the underlying case are not detailed in the summary. The application was brought before the High Court of Australia.

The central legal issue before the High Court was whether to grant an extension of time for the applicant to lodge his application for special leave to appeal. In deciding this matter, the court also considered the prospects of success of the anticipated appeal. The court had to balance the applicant's request for an extension of time with the need to ensure that appeals only proceed when they have a reasonable chance of success.

The High Court found that the application for an extension of time should be dismissed. The court reasoned that the appeal GG sought to bring would not have sufficient prospects of success to warrant the grant of special leave. Consequently, the extension of time would be futile. The Court further directed that the Registrar draw up, sign, and seal an order dismissing the application, in accordance with rule 41.08.1 of the High Court Rules 2004 (Cth).

In conclusion, the High Court dismissed GG's application for an extension of time to lodge his application for special leave to appeal. The Court determined that the appeal did not have sufficient prospects of success to warrant proceeding with the application. The dismissal of the application was made effective by an order signed and sealed by the Registrar.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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