Novley v The Queen

NOVLEY
v
THE QUEEN
[2023] HCASL 75
B4/2023

The applicant requires an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Appeal of the Supreme Court of Queensland (McMurdo and Mullins JJA and North J) dismissing his appeal against conviction.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court does not enjoy sufficient prospects of success. It would therefore be futile to grant the extension that is sought. Special leave 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.

M.M. Gordon J.M. Jagot

11 May 2023

CaseChat Overview and Summary

In the matter of Novley v The Queen, the applicant sought an extension of time within which to apply for special leave to appeal against a unanimous decision of the Court of Appeal of the Supreme Court of Queensland, which dismissed his appeal against conviction. The applicant, who had been found guilty by the trial court, was seeking special leave to appeal to the High Court, but he did not provide a clear question of principle of general importance that would warrant such leave. Additionally, he did not present any other arguable grounds for appeal against the Court of Appeal's decision.

The primary legal issue before the court was whether special leave should be granted to the applicant, given that he did not identify a question of principle of general importance or provide other arguable grounds for appeal. The court considered whether the application had sufficient prospects of success, and if not, whether it would be futile to grant the extension sought.

In its reasoning, the court determined that the applicant had not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. Additionally, the court found that the applicant did not present any other arguable grounds for appeal against the decision of the Court of Appeal. As a result, the court concluded that the appeal to the High Court did not enjoy sufficient prospects of success and would therefore be futile. The court thus refused special leave and directed the Registrar to draw up, sign, and seal an order dismissing the application.

Continue reading Novley v The Queen

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