MRB v The King

[2024] HCASL 233

MRB

v

THE KING

[2024] HCASL 233
B28/2024

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 Queensland (Dalton JA and Burns J; Boddice JA dissenting) which dismissed an appeal against conviction in the Supreme Court of Queensland.

2. The application concerns the terms of the direction based upon Liberato v The Queen (1985) 159 CLR 507. Although the direction by the trial judge did not follow the usual terms of the direction (see De Silva v The Queen (2019) 268 CLR 57 at 64 [12]) the application has insufficient prospects of success to warrant the grant of special leave to appeal. Accordingly, it would be futile to grant an extension of time.

3. Special leave to appeal is refused.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J
   Gleeson J
   Jagot J
   Beech-Jones J

   5 September 2024