Karam v The King

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KARAM

v

THE KING

[2024] HCASL 115
M9/2024

  1. The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Beach, McLeish, Kennedy JJA) dismissing the applicant's appeal against convictions for drug offences.

  2. The application has insufficient prospects of success to warrant a grant of special leave to appeal. It would therefore be futile to grant the extension of time that is sought.

  3. Special leave to appeal is refused.

    Gageler CJ
    Gordon J
    Edelman J
    Steward J
    Gleeson J
    Jagot J
    Beech-Jones J

    11 April 2024

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Details
Case
[2024] HCASL 115
Decision Date

CaseChat Overview and Summary

In the case of Karam v The King, the applicant sought an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria. The judgment dismissed the applicant's appeal against convictions for drug offences. The applicant, represented by counsel, applied for an extension of time on the grounds that the application had insufficient prospects of success to warrant a grant of special leave to appeal.

The legal issues before the court were whether the application had sufficient prospects of success to warrant an extension of time and whether granting such an extension would be futile. The court had to balance the applicant's right to seek special leave to appeal against the need to ensure that such applications are not made without reasonable cause. The court considered the reasons for the delay and whether there were any exceptional circumstances that warranted an extension.

The court held that the application did not have sufficient prospects of success to warrant a grant of special leave to appeal, and it would therefore be futile to grant the extension of time sought. The court found that the applicant had not provided a compelling reason for the delay and that there were no exceptional circumstances to warrant an extension. The court emphasised the importance of timely applications for special leave to appeal and the need to ensure that such applications are made with reasonable cause. As a result, the court refused special leave to appeal and dismissed the application.

The final orders of the court were that special leave to appeal be refused and that the application for an extension of time be dismissed. The court made no orders as to costs.

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