Jan (John) Visser v The Queen
Case
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[2016] HCASL 139
Details
AGLC
Case
Decision Date
Jan (John) Visser v The Queen [2016] HCASL 139
[2016] HCASL 139
CaseChat Overview and Summary
The case of Jan (John) Visser v The Queen involves the applicant seeking an extension of time to bring his application for special leave to appeal. The applicant's request is being considered by the court, which is required to determine whether the extension should be granted and whether the application for special leave to appeal should proceed. The court must assess whether the application raises a question of law suitable for the grant of special leave and whether there is any doubt regarding the correctness of the decision made previously.
The primary legal issues before the court were whether an extension of time should be granted to the applicant and whether the application for special leave to appeal raised a question of law suitable for the grant of special leave. Additionally, the court needed to determine if there was any reason to doubt the correctness of the decision made previously.
The court held that granting an extension of time would be futile, as no question of law suitable for the grant of special leave was raised by the application. Furthermore, the court found no reason to doubt the correctness of the decision made previously. As a result, the court refused special leave and directed the Registrar to draw up, sign and seal an order dismissing the application. The decision demonstrates that the court found no grounds to grant the applicant's request for an extension of time or to proceed with the application for special leave to appeal.
The primary legal issues before the court were whether an extension of time should be granted to the applicant and whether the application for special leave to appeal raised a question of law suitable for the grant of special leave. Additionally, the court needed to determine if there was any reason to doubt the correctness of the decision made previously.
The court held that granting an extension of time would be futile, as no question of law suitable for the grant of special leave was raised by the application. Furthermore, the court found no reason to doubt the correctness of the decision made previously. As a result, the court refused special leave and directed the Registrar to draw up, sign and seal an order dismissing the application. The decision demonstrates that the court found no grounds to grant the applicant's request for an extension of time or to proceed with the application for special leave to appeal.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Res Judicata
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Special Leave to Appeal
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Most Recent Citation
Visser v The King [2023] VSCA 10
Cases Citing This Decision
6
High Court Bulletin
[2016] HCAB 5
Visser v The King
[2023] VSCA 10
Visser v DPP (Cth)
[2020] VSCA 327
Cases Cited
0
Statutory Material Cited
0