Karout v The Queen

Case [2020] HCASL 56

KAROUT

v

THE QUEEN

[2020] HCASL 56
S324/2019

  1. An extension of time is required to enable this application for special leave to appeal to proceed. The proposed grounds of appeal raised by this application for special leave to appeal from the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Hoeben CJ at CL and Fullerton J, Brereton JA dissenting) have insufficient prospects of success to warrant the grant of special leave to appeal. Accordingly, it would be futile to grant an extension of time. The application should be dismissed.

  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
11 March 2020
Details
AGLC
Karout v The Queen [2020] HCASL 56
Case
[2020] HCASL 56
Decision Date

CaseChat Overview and Summary

The application in Karout v The Queen was brought by the appellant against the Crown. The application was for special leave to appeal a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The Court of Criminal Appeal had earlier dismissed the appellant's appeal against his conviction and sentence. The applicant sought to appeal to the High Court on the grounds that the Court of Criminal Appeal erred in its assessment of the evidence, and that the trial judge had erred in his direction to the jury.

The legal issues before the High Court were whether the application for special leave to appeal had sufficient prospects of success and whether an extension of time was warranted. The Court considered the grounds of appeal and assessed their merit. The Court found that the proposed grounds of appeal were insufficient to warrant the grant of special leave to appeal. The Court held that the assessment of the evidence by the Court of Criminal Appeal and the trial judge's direction to the jury were correct. The Court concluded that the application had insufficient prospects of success and that it would be futile to grant an extension of time.

Accordingly, the Court dismissed the application for special leave to appeal. The Court directed the Registrar to draw up, sign and seal an order dismissing the application. The Court's decision was based on a detailed analysis of the evidence and the law, and it was not appropriate to grant an extension of time to enable the application to proceed. The Court's decision is a reminder of the importance of ensuring that applications for special leave to appeal have sufficient prospects of success before they are granted.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.