McCabe v The King

MCCABE
v
THE KING
[2024] HCASL 86
M12/2024

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.
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.
Special leave to appeal is refused.
Gleeson J
Beech-Jones J
11 April 2024

CaseChat Overview and Summary

The applicant in this case sought an extension of time to seek special leave to appeal against a judgment of the Court of Appeal of the Supreme Court of Victoria, which had refused an application for an extension of time to file an application for leave to appeal against his conviction in the County Court of Victoria. The applicant had previously applied for special leave to appeal to the High Court, but this was refused by Gageler and Jagot JJ. The applicant now seeks another opportunity to appeal to the High Court, arguing that there is reason to doubt the correctness of the Court of Appeal's decision.

The legal issues before the High Court were whether there was reason to doubt the correctness of the Court of Appeal's decision and whether it would be appropriate to grant the applicant an extension of time to seek special leave to appeal. The Court considered whether the applicant had provided any new reasons or evidence to support his application and whether there was any indication that the Court of Appeal's decision was incorrect or unjust.

The High Court found that there was no reason to doubt the correctness of the Court of Appeal's decision and that it would be futile to grant the extension of time. Gleeson and Beech-Jones JJ concluded that the applicant had not provided any new reasons or evidence to support his application and that there was no indication that the Court of Appeal's decision was incorrect or unjust. The Court noted that the applicant had previously applied for special leave to appeal and that this application had been refused. The Court found that there was no reason to reconsider the previous refusal and that it would be inappropriate to grant the applicant another opportunity to appeal.

The High Court refused the applicant's application for an extension of time to seek special leave to appeal. The Court found that there was no reason to doubt the correctness of the Court of Appeal's decision and that it would be futile to grant the extension of time. The Court noted that the applicant had previously applied for special leave to appeal and that this application had been refused. The Court found that there was no reason to reconsider the previous refusal and that it would be inappropriate to grant the applicant another opportunity to appeal.

Continue reading McCabe v The King

CaseChat Overview and Summary

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