Kelleher v The King

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KELLEHER

v

THE KING

[2024] HCASL 260
B32/2024

  1. The applicant seeks special leave to appeal from the whole of the judgment of the Court of Appeal of the Supreme Court of Queensland dismissing his appeal against conviction (Bond JA, Morrison JA and Crow J agreeing).

  2. This application does not give rise to any question of general importance. In any event, none of the applicant’s proposed grounds enjoy sufficient prospects of success to warrant a grant of special leave to appeal.

  3. Special leave to appeal is refused.

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

    10 October 2024

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Details
Case
[2024] HCASL 260
Decision Date

CaseChat Overview and Summary

The case of Kelleher v The King involved the applicant seeking special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland. The judgment dismissed his appeal against conviction. The Court of Appeal judges, Bond JA, Morrison JA, and Crow J, unanimously agreed on the dismissal. The applicant’s primary goal was to challenge the validity of his conviction through this appeal. The central legal issues before the court were whether the applicant’s grounds for appeal were sufficient and whether they had a reasonable chance of success.

The High Court of Australia, led by Gageler CJ, along with Gordon J, Edelman J, Steward J, Gleeson J, Jago J, and Beech-Jones J, examined the case. They found that the application did not raise any questions of general importance. Moreover, the proposed grounds of appeal did not have sufficient prospects of success. Consequently, the High Court concluded that the applicant’s application for special leave to appeal should be dismissed. This decision was based on the lack of substantial grounds for the appeal and the absence of broader legal questions warranting review. The High Court’s judgment was final, and the application for special leave to appeal was refused.

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