San v The Queen

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The case of San v The Queen involved the applicant seeking an extension of time within which to file an application for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of South Australia. The applicant, San, wished to appeal against his conviction and sentence. The application was considered by the High Court of Australia, where the primary issue was whether the application for an extension of time should be granted. A secondary issue was whether the appeal itself had sufficient prospects of success to warrant a grant of special leave to appeal.

The High Court examined the merits of the application for an extension of time and the potential appeal. The Court found that the appeal lacked sufficient prospects of success, rendering it futile to grant the extension of time that was sought. The Court also noted that the applicant had not demonstrated any exceptional circumstances warranting an extension of time. Therefore, the Court concluded that special leave to appeal should be refused.

In light of the Court's decision, it was directed that the Registrar draw up, sign and seal an order dismissing the application for an extension of time. The Court further noted that the application for special leave to appeal was dismissed due to the lack of prospects of success. The final orders were made pursuant to r 41.08.1 of the High Court Rules 2004 (Cth).

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Legal Principle Established

S.J. Gageler	P.A. Keane
14 October 2020