Nelson Pate (a pseudonym) v The Queen
[2020] HCASL 118
NELSON PATE (A PSEUDONYM)
v
THE QUEEN
[2020] HCASL 118
M152/2019
The applicant seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Victoria (Priest and Niall JJA and Croucher A‑JA) in part dismissing the applicant's appeal against conviction on charges of committing an indecent act with, and in the presence of, a child under the age of 16; rape; and indecent assault. He requires an extension of time within which to file an application for special leave.
Contrary to the applicant's contention, the Court of Appeal undertook an independent assessment of the evidence, making allowance for the advantages enjoyed by the jury. An appeal to this Court would not enjoy sufficient prospects of success to warrant the grant of special leave. Hence, it would be futile to grant the extension of time required.
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 24 April 2020
0
0