Jackson v The Queen

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JACKSON

v

THE QUEEN

[2020] HCASL 142
S19/2020

  1. The applicant has not identified a question of law sufficient to warrant the grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Price J, Hoeben CJ at CL and Walton J agreeing). 

  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.

M.M Gordon J.J Edelman
12 June 2020
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Details
Case
[2020] HCASL 142
Decision Date

CaseChat Overview and Summary

The High Court of Australia heard an application for special leave to appeal from a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant, Jackson, was appealing against his conviction and sentence for a serious criminal offence. The case involved complex legal issues surrounding the interpretation of criminal law and the application of procedural rules. The Court of Criminal Appeal had dismissed Jackson's appeal, and he sought leave to appeal to the High Court.

The legal issues before the High Court were whether Jackson's appeal raised a question of law of general public importance and whether there were any arguable grounds of appeal against the decision of the Court of Criminal Appeal. The High Court had to determine whether the applicant had identified a question of law sufficient to warrant the grant of special leave to appeal and whether there were any other arguable grounds of appeal against the decision of the Court of Criminal Appeal.

The High Court found that Jackson had not identified a question of law of general public importance and that there were no other arguable grounds of appeal against the decision of the Court of Criminal Appeal. The Court held that the applicant had not made out a case for the grant of special leave to appeal. The Court noted that the applicant's appeal was largely focused on the assessment of evidence and the evaluation of witness credibility, which were matters for the Court of Criminal Appeal. The High Court also found that the applicant had not demonstrated that the decision of the Court of Criminal Appeal was plainly wrong or that there was a miscarriage of justice.

Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application for special leave to appeal. The Court held that the application was without merit and that there were no arguable grounds of appeal against the decision of the Court of Criminal Appeal. The High Court dismissed the application for special leave to appeal, and the conviction and sentence of the applicant remained intact.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

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