Miles
v
The King
[2023] HCASL 37
S146/2022
The applicant seeks an extension of time within which to apply for special leave to appeal from orders of the New South Wales Court of Criminal Appeal (Bergin J and Carruthers AJ, Stein JA dissenting) made on 18 July 2002. The application does not disclose circumstances of an exceptional or compelling nature sufficient to warrant the extension of time sought. Nor does it disclose an arguable basis for legal error in the reasoning of the majority of the Court of Criminal Appeal. The application is 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.
S.J. Gageler J.S. Gleeson 16 March 2023
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- AGLC
- Miles v The King [2023] HCASL 37
- Case
- [2023] HCASL 37
- Decision Date
CaseChat Overview and Summary
The High Court examined whether the application disclosed circumstances of an exceptional or compelling nature that would warrant the extension of time sought. The court also assessed if the application revealed an arguable basis for legal error in the reasoning of the majority of the Court of Criminal Appeal. The court held that the application did not meet the threshold for an extension of time nor did it demonstrate an arguable basis for legal error.
The High Court refused the application and directed the Registrar to draw up, sign and seal an order dismissing the application, pursuant to r 41.08.1 of the High Court Rules 2004 (Cth). The application was dismissed on 16 March 2023 by S.J. Gageler and J.S. Gleeson.
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Decision
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Ratio Decidendi
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