Rogers v The Queen

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ROGERS

v

THE QUEEN

[2022] HCASL 85
S182/2021

  1. An extension of time is required to enable this application for special leave to appeal to proceed. The appeal foreshadowed by the application has no prospect of success. The Court of Criminal Appeal of the Supreme Court of New South Wales was clearly correct to conclude that the evidence at trial was not capable of meeting the requirements of s 23(2)(d) of the Crimes Act 1900 (NSW). That being so, the application should be refused. In these circumstances, it would be futile to grant an extension of time.

  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.

P.A. Keane J.S. Gleeson
20 April 2022
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Details
Case
[2022] HCASL 85
Decision Date

CaseChat Overview and Summary

Rogers v The Queen is a decision of the High Court of Australia which involves an application for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant, Rogers, seeks to appeal against his conviction for a criminal offence. The legal issues before the court include whether the evidence at trial was capable of meeting the requirements of s 23(2)(d) of the Crimes Act 1900 (NSW), and whether the application for special leave to appeal should be granted.

The High Court found that the evidence at trial was not capable of meeting the requirements of s 23(2)(d) of the Crimes Act 1900 (NSW), and that the Court of Criminal Appeal of the Supreme Court of New South Wales was correct in its decision. The court also found that the appeal foreshadowed by the application has no prospect of success, and that it would be futile to grant an extension of time for the application to proceed. The court emphasised that the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales was based on a proper consideration of the evidence and the law, and that the application for special leave to appeal should be refused.

The High Court directed the Registrar to draw up, sign and seal an order dismissing the application for special leave to appeal. The court's decision was based on the clear conclusion that the evidence at trial was not capable of meeting the requirements of s 23(2)(d) of the Crimes Act 1900 (NSW), and that the appeal has no prospect of success. The court found that it would be futile to grant an extension of time for the application to proceed, and that the application should be refused.

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