McCabe v The King

[2024] HCASL 86

MCCABE

v

THE KING

[2024] HCASL 86
M12/2024

1. The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Maxwell P, McLeish and Macauley JJA), which refused an application made by the applicant for an extension of time to file an application for leave to appeal against his conviction in the County Court of Victoria. An application for special leave to appeal from that judgment to this Court was previously refused by Gageler and Jagot JJ, who concluded that there was no reason to doubt the correctness of the Court of Appeal's decision.[1]

   [1]McCabe v The King [2022] HCASL 216.

2. No reason has been given to reconsider the previous refusal. There is still no reason to doubt the correctness of the Court of Appeal's decision. It would therefore be futile to grant the extension of time.

3. Special leave to appeal is refused.

   Gleeson J
   Beech-Jones J

   11 April 2024