Ozgen v The King

OZGEN
v
The King
[2022] HCASL 202
S99/2022

An extension of time is necessary to enable this application for special leave to appeal to proceed. The applicant seeks special leave to appeal from a decision of the New South Wales Court of Criminal Appeal. The Court of Criminal Appeal's decision is not attended by doubt, and the application does not raise a question of general importance. Accordingly, special leave should be refused. That being so, it would be futile to grant the required extension of time.
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

17 November 2022

CaseChat Overview and Summary

In the case of Ozgen v The King, the applicant, Ozgen, sought special leave to appeal against a decision of the New South Wales Court of Criminal Appeal. The decision in question was attended by no doubt, and the application did not raise any question of general importance. The High Court was tasked with determining whether special leave should be granted to permit the appeal to proceed. Additionally, the court considered whether an extension of time was necessary to enable the application to proceed.

The primary legal issue before the court was whether special leave should be granted for the applicant to appeal the decision of the New South Wales Court of Criminal Appeal. Special leave to appeal is only granted if the application raises a question of general importance or if the Court of Appeal's decision is attended by doubt. The court found that neither of these conditions were met in this case.

The court reasoned that the New South Wales Court of Criminal Appeal's decision was not attended by doubt, and the application did not raise any question of general importance. As a result, the court found that it would be futile to grant the required extension of time for the application to proceed. The court therefore dismissed the application for special leave to appeal and directed the Registrar to draw up, sign, and seal an order dismissing the application.

In summary, the High Court refused the application for special leave to appeal and dismissed the application. The court found that the New South Wales Court of Criminal Appeal's decision was not attended by doubt, and the application did not raise any question of general importance. As a result, the court found it futile to grant the required extension of time for the application to proceed. The application was dismissed, and the Registrar was directed to draw up, sign, and seal an order to that effect.

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