Gould v The King

[2023] HCASL 205

GOULD
v

THE KING
[2023] HCASL 205
S66/2023
S67/2023

1. These applications seek special leave to appeal from two decisions of the Court of Criminal Appeal of the Supreme Court of New South Wales.

2. Application S66/2023 seeks special leave to appeal from a decision of the Court of Criminal Appeal (Bathurst CJ, Davies and Adamson JJ) on 10 May 2021, which, inter alia, refused the Applicant leave to appeal his conviction. None of the proposed grounds concerns issues that were raised before that Court. It is not in the interests of justice to grant special leave in those circumstances. Accordingly, the application should be dismissed.

3. Application S67/2023 seeks special leave to appeal from a decision of the Court of Criminal Appeal (Bell CJ, Rothman and Garling JJ) on 10 May 2023, which refused the Applicant an extension of time in which to seek leave to appeal against his conviction. Assuming that Court had jurisdiction to hear that application, the Applicant has insufficient prospects of success in demonstrating error on the part of that Court in refusing leave. Accordingly, the application should be dismissed.

4. The applications for special leave to appeal are refused.

   Gageler CJ

   Gordon J

   Edelman J

   Steward J

   Gleeson J

   Jagot J

   Beech-Jones J

   7 December 2023