Roach v The Queen

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ROACH

v

THE QUEEN

[2020] HCASL 89
S308/2019

  1. 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.

  2. 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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Details
Case
[2020] HCASL 89
Decision Date

CaseChat Overview and Summary

The case of Roach v The Queen was heard in the High Court of Australia, where the applicant, Roach, sought special leave to appeal against a decision made by the Court of Criminal Appeal of the Supreme Court of New South Wales. The dispute centred on whether the applicant's right to silence under s 1.7 of the Australian Constitution had been breached during the criminal proceedings.

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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