Kennedy v The Queen

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KENNEDY

v

THE QUEEN

[2021] HCASL 166
S18/2021

  1. This application for special leave to appeal requires a substantial extension of time in order to proceed. The proposed grounds of appeal from the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Payne JA and Fullerton and Adamson JJ) would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. Accordingly it would be futile to grant the extension of time that is sought. 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
2 September 2021
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Details
Case
[2021] HCASL 166
Decision Date

CaseChat Overview and Summary

Kennedy sought special leave to appeal against his conviction and sentence for murder, imposed by the Court of Criminal Appeal of the Supreme Court of New South Wales. The primary issue before the court was whether the application for special leave should be granted, including whether an extension of time for the application was warranted. The court also had to consider the prospects of success for the proposed grounds of appeal.

The court noted that special leave to appeal is only granted in cases with significant prospects of success. It examined the proposed grounds of appeal, finding them to be inadequate and unlikely to succeed. The court emphasised that it should not grant an extension of time for an application with insufficient prospects of success, as this would be futile. Therefore, the application for special leave to appeal was dismissed, and an order was made to that effect.

The court's reasoning was based on the need to ensure that special leave to appeal is only granted in cases with a meaningful chance of success. It considered the proposed grounds of appeal and found them to be insufficient, leading to the conclusion that the application should be dismissed. The court's order directed the Registrar to draw up, sign, and seal the order dismissing the application.

No further orders were made by the court beyond the dismissal of the application and the direction for the Registrar to prepare the order.

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