Mokbel v The King

MOKBEL
v
THE KING
[2023] HCASL 132
M50/2023

An extension of time is required for this application to proceed. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Emerton P, Beach and McLeish JJA) varying the applicant's sentence. The application raises no question of principle suitable for a grant of special leave to appeal. In addition, the decision of the Court of Appeal is not attended with sufficient doubt to warrant a grant of special leave. It would therefore be futile to grant an extension of time. The application should be dismissed.
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.

J.J. Edelman J.S. Gleeson

7 September 2023

CaseChat Overview and Summary

The case of Mokbel v The King involved an application for an extension of time for the applicant to proceed with his special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria. The decision in question pertained to the variation of the applicant's sentence. The Supreme Court of Victoria had previously denied the applicant's application for leave to appeal, leading to the current application to the High Court for an extension of time. The High Court was tasked with determining whether the application for an extension of time should be granted.

The primary legal issue before the High Court was whether the application for an extension of time to appeal the decision of the Court of Appeal was appropriate. The Court needed to assess whether the application raised any questions of principle suitable for a grant of special leave to appeal and whether the decision of the Court of Appeal was attended with sufficient doubt to warrant a grant of special leave. The Court also considered whether granting an extension of time would be futile.

In reaching its decision, the Court determined that the application did not raise any question of principle suitable for a grant of special leave to appeal. Furthermore, the Court found that the decision of the Court of Appeal was not attended with sufficient doubt to warrant a grant of special leave. As a result, the Court concluded that it would be futile to grant an extension of time. Consequently, the application for an extension of time was dismissed. Pursuant to the High Court Rules 2004, the Registrar was directed to draw up, sign and seal an order dismissing the application.

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