Pratten v The Queen

PRATTEN
v
THE QUEEN
[2022] HCASL 88
S19/2022

The applicant requires an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Gleeson JA, Johnson and Beech-Jones JJ) to dismiss an appeal against conviction on the basis that no substantial miscarriage of justice had occurred within the meaning of s 6(1) of the Criminal Appeal Act 1912 (NSW).
There is no point granting the extension of time that is sought. The appeal foreshadowed in this application has no prospects of success and raises no question of principle in relation to the operation of s 6(1) of the Criminal Appeal Act which it would be in the interests of justice for this Court to consider.
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 S.H.P. Steward

5 May 2022

CaseChat Overview and Summary

The case of Pratten v The Queen involved the applicant, Pratten, seeking an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The appeal was against a conviction and the argument was that no substantial miscarriage of justice had occurred within the meaning of s 6(1) of the Criminal Appeal Act 1912 (NSW). The Court was required to decide whether to grant the extension of time sought by the applicant and whether the appeal had any prospects of success or raised any question of principle in relation to the operation of s 6(1) of the Criminal Appeal Act.

The Court considered the application and concluded that there was no point in granting the extension of time sought by the applicant. The Court found that the appeal had no prospects of success and did not raise any question of principle in relation to the operation of s 6(1) of the Criminal Appeal Act that would be in the interests of justice for the Court to consider. The Court held that the appeal was unlikely to succeed and did not merit further consideration.

In light of the Court's findings, it directed the Registrar to draw up, sign and seal an order dismissing the application. The order was made pursuant to r 41.08.1 of the High Court Rules 2004 (Cth). The Court's decision was made by M.M. Gordon and S.H.P. Steward on 5 May 2022. The Court's decision effectively brought an end to the applicant's attempt to seek special leave to appeal against the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales.

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