Lawton v The Queen

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LAWTON

v

THE QUEEN

[2020] HCASL 233
S102/2020

  1. This is an application for special leave to appeal from a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Bathurst CJ, Hoeben CJ at CL and Bellew J).  An extension of time is required for this application to proceed.  The application for special leave to appeal does not raise any question of general principle.  There is no reason to doubt the correctness of the decision of the Court of Criminal Appeal.  It would therefore 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
5 November 2020
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Details
Case
[2020] HCASL 233
Decision Date

CaseChat Overview and Summary

In the case of Lawton v The Queen, the applicant, Mr. Lawton, sought special leave to appeal a judgment rendered by the Court of Criminal Appeal of the Supreme Court of New South Wales. The case involved a dispute concerning the applicant's conviction and the subsequent appeal process. The High Court was tasked with deciding whether to grant an extension of time to proceed with the special leave to appeal and whether the appeal raised any questions of general principle.

The primary legal issue before the Court was whether to grant the application for special leave to appeal and an extension of time, considering the circumstances of the case. The Court needed to determine if there was any merit in the application, specifically whether the decision of the Court of Criminal Appeal was questionable or if there were grounds for a broader legal principle to be considered. The Court also had to evaluate whether granting the extension of time would be futile, as the correctness of the decision did not appear to be in doubt.

The Court found that the application did not raise any question of general principle, and there was no reason to doubt the correctness of the Court of Criminal Appeal's decision. Given these findings, the Court concluded that it would be futile to grant an extension of time for the special leave to appeal. Consequently, the application was dismissed. The Court directed the Registrar to draw up, sign, and seal an order dismissing the application, as per rule 41.08.1 of the High Court Rules 2004 (Cth).

The final orders of the Court were to dismiss the application for special leave to appeal and to direct the Registrar to draw up the necessary order. This decision was made on 5 November 2020 by Justices M.M Gordon and J.J Edelman.

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