Paul Darren Mulvihill v The Queen

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PAUL DARREN MULVIHILL

v

THE QUEEN

[2017] HCASL 302
S207/2017

  1. The applicant requires an extension of time to seek special leave to appeal from a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales.  It would be futile, however, to grant the extension which is sought.

  2. The application does not involve a question of principle of general importance and there is no reason to doubt the correctness of the Court of Criminal Appeal's conclusion.  An appeal to this Court would enjoy no prospect of success. 

  3. 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
16 November 2017 		G.A.A. Nettle
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Details
Case
[2017] HCASL 302
Decision Date

CaseChat Overview and Summary

In the matter of Paul Darren Mulvihill versus The Queen, the applicant sought an extension of time to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant argued that without the extension, it would be futile to proceed with the appeal. The High Court of Australia was tasked with determining whether to grant the extension and subsequently, whether to permit the appeal to proceed.

The primary legal issue before the Court was whether the extension of time sought by the applicant would be futile. The Court also had to consider if the application involved a question of principle of general importance or if there were any grounds to doubt the correctness of the Court of Criminal Appeal's conclusion. Furthermore, the Court examined whether an appeal to the High Court would have any prospect of success.

The High Court found that the application did not involve a question of principle of general importance and there was no reason to doubt the correctness of the Court of Criminal Appeal's conclusion. The Court concluded that an appeal to the High Court would enjoy no prospect of success. In light of these findings, the Court exercised its discretion under rule 41.08.1 of the High Court Rules 2004 (Cth) and dismissed the application. The Court directed the Registrar to draw up, sign and seal an order to this effect.

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