Matthew Patrick Fisher v The Queen

CaseChat Overview and Summary

Matthew Patrick Fisher, the applicant, appealed against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales that dismissed his application for special leave to appeal against his sentence. The applicant contended that the sentence imposed was manifestly excessive and that the appeal court erred in not granting special leave to appeal. The appeal was brought before the High Court of Australia.

The legal issue before the High Court was whether special leave to appeal should be granted to the applicant. The applicant argued that the sentence was manifestly excessive and that the Court of Criminal Appeal erred in dismissing his application for special leave. The Crown, represented by the respondent, The Queen, submitted that the sentence was not manifestly excessive and that the Court of Criminal Appeal was correct in dismissing the applicant's application for special leave.

The High Court found that the Court of Criminal Appeal was correct in dismissing the applicant's application for special leave. The Court held that the sentence imposed was not manifestly excessive and that the Court of Criminal Appeal had properly exercised its discretion in dismissing the application for special leave. The High Court further held that, given its decision, it would be futile to grant the extension of time required by the applicant. Pursuant to the High Court Rules, the Registrar was directed to draw up, sign and seal an order dismissing the application.

In conclusion, the High Court dismissed the applicant's application for special leave to appeal against his sentence, holding that the Court of Criminal Appeal was correct in its decision. The Court further held that, given its decision, it would be futile to grant the extension of time required by the applicant. The Registrar was directed to draw up, sign and seal an order dismissing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

P.A. Keane	J.S. Gleeson
9 December 2021