McKinnin v The Queen

MCKINNIN
v
THE QUEEN
[2019] HCASL 376
M90/2019

The applicant seeks 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 (Niall, T Forrest and Weinberg JJA) refusing the applicant's application for leave to appeal against conviction and sentence in the County Court of Victoria of a charge of recklessly causing serious injury and the sentence which was imposed on him therefor of eight years' imprisonment with a non-parole period of five years and six months.
The application raises no question of principle that it would be in the interests of justice for this court to consider and the proposed appeal would not enjoy sufficient prospect of success to warrant a grant of special leave to appeal. Special leave to appeal should be refused.
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.

V.M Bell G.A.A Nettle

13 November 2019

CaseChat Overview and Summary

The case of McKinnin v The Queen involved the applicant, McKinnin, seeking an extension of time to appeal against a decision by the Court of Appeal of the Supreme Court of Victoria. The initial appeal was against a conviction and sentence in the County Court of Victoria for recklessly causing serious injury, which resulted in an eight-year imprisonment sentence with a non-parole period of five years and six months. The application for special leave to appeal was brought before the High Court, which was tasked with determining whether the application raised any questions of principle that would warrant consideration and whether the proposed appeal had a sufficient prospect of success.

The legal issues before the High Court centred on the criteria for granting special leave to appeal, particularly the necessity of the case raising questions of principle or principle-based considerations. Additionally, the court needed to assess the likelihood of success of the proposed appeal, ensuring that the grant of special leave would be justified. The application for special leave was assessed based on the principles of justice and the merits of the case as presented.

In its reasoning, the High Court found that the application did not raise any questions of principle that would warrant consideration by the court. Furthermore, the proposed appeal did not have a sufficient prospect of success. Consequently, the High Court determined that special leave to appeal should be refused. The decision was made pursuant to the rules governing special leave applications, specifically rule 41.08.1 of the High Court Rules 2004 (Cth). The High Court directed the Registrar to prepare an order dismissing the application.

The final order was to dismiss the application for special leave to appeal, as directed by the High Court. This order was signed and sealed by V.M Bell and G.A.A Nettle on 13 November 2019.

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