JH v The Queen

CaseChat Overview and Summary

The case involves JH, who is seeking an extension of time to file an application for special leave to appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant's appeal to the High Court would need to have sufficient prospects of success to warrant the grant of special leave. If an appeal has no prospect of success, any application for special leave would be considered futile, and the court may refuse to grant an extension of time.

The legal issues before the court were whether the applicant's appeal had sufficient prospects of success to warrant the grant of special leave and whether the extension of time sought by the applicant should be granted. The court considered the evidence and submissions of the parties and found that the applicant's appeal did not have sufficient prospects of success.

The court held that the application for an extension of time was futile, and the applicant's appeal would not succeed. The court found that the applicant had not demonstrated any exceptional circumstances that would justify the extension of time. Therefore, the court refused to grant the extension of time sought by the applicant. The court also held that the appeal to the High Court would not succeed because the applicant's arguments did not have sufficient prospects of success.

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. This means that the application for special leave to appeal has been dismissed, and the applicant's appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales will not proceed to the High Court.

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CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

V.M Bell	G.A.A Nettle
18 March 2020