Harrison v The Queen

Harrison
v
The Queen
[2022] HCASL 158
B18/2022

The applicant requires an extension of time within which to seek special leave to appeal a decision of the Court of Appeal of the Supreme Court of Queensland (Fraser and Mullins JJA and Mazza AJA). The Court of Appeal allowed an appeal by the Director of Public Prosecutions against sentences imposed on the applicant by Bond J in the Supreme Court of Queensland for offences committed under the Criminal Code (Cth) and Criminal Code (Qld).
The application does not raise any question of general importance which it would be in the interests of justice for this Court to consider. Further, any appeal would have insufficient prospects of success to warrant a grant of special leave. Special leave should be refused. It would therefore be futile to grant the extension of time sought.
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 S.H.P. Steward

19 September 2022

CaseChat Overview and Summary

In this matter, the applicant, Harrison, sought an extension of time to apply for special leave to appeal a decision of the Court of Appeal of the Supreme Court of Queensland. The decision in question involved an appeal by the Director of Public Prosecutions against the sentences imposed on the applicant by Bond J in the Supreme Court of Queensland for offences under the Criminal Code (Cth) and Criminal Code (Qld). The Court of Appeal allowed the appeal and varied the sentences. The High Court was asked to grant an extension of time to seek special leave to appeal to the High Court.

The High Court was required to decide whether to grant the applicant an extension of time to apply for special leave to appeal the Court of Appeal's decision. The Court had to consider whether the application raised any questions of general importance that would be in the interests of justice to be considered by the Court, and whether any appeal had sufficient prospects of success to warrant a grant of special leave.

The Court found that the application did not raise any question of general importance which it would be in the interests of justice for the Court to consider. The Court also found that any appeal would have insufficient prospects of success to warrant a grant of special leave. The Court held that it would be futile to grant the extension of time sought by the applicant. The Court therefore dismissed the application for an extension of time.

Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Court directed the Registrar to draw up, sign and seal an order dismissing the application. The Court's decision was made on 19 September 2022 by S.J. Gageler and S.H.P. Steward.

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