ROACH
v
THE QUEEN
[2020] HCASL 89
S308/2019
An extension of time is necessary in order to enable this application for special leave to appeal to proceed. There is no reason to doubt that the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales was correct. The appeal foreshadowed by the application does not have sufficient prospects of success to warrant the grant of special leave to appeal. Special leave should be refused. It would be futile to grant the extension of time required by the applicant.
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 P.A. Keane 18 March 2020
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- Case
- [2020] HCASL 89
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were two-fold. Firstly, whether the application for special leave to appeal should be granted, and secondly, whether an extension of time was necessary to enable the application to proceed. The court was required to determine whether the appeal had sufficient prospects of success to warrant the grant of special leave to appeal.
In reaching its decision, the court considered that the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales was correct, and that the appeal did not have sufficient prospects of success to warrant the grant of special leave to appeal. The court held that it would be futile to grant the extension of time required by the applicant, and accordingly, refused to grant special leave to appeal. The court ordered that the Registrar draw up, sign and seal an order dismissing the application.
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