Rogers v The Queen

[2022] HCASL 85

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