Sexton v the king

Sexton
v
the king
[2023] HCASL 22
A23/2022

The applicant requires an extension of time within which to seek special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of South Australia (Livesey P, David JA and Stanley AJA). The proposed grounds of appeal have insufficient prospects of success to warrant the grant of special leave to appeal and the effect of the amendment to s 34P(2)(a) of the Evidence Act 1929 (SA) by the Statutes Amendment (Child Sexual Abuse) Act 2021 (SA) is that this case is an unsuitable vehicle to examine the issues of law raised in the applicant's first proposed ground of appeal. It would therefore be futile to grant an extension of time. The application should be dismissed.
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.

J.J. Edelman S.H.P Steward

9 March 2023

CaseChat Overview and Summary

The matter of Sexton v the king concerns an application by the applicant, who seeks an extension of time to appeal a judgment rendered by the Court of Appeal of the Supreme Court of South Australia. The case involves a legal challenge to the amendment of section 34P(2)(a) of the Evidence Act 1929 (SA) by the Statutes Amendment (Child Sexual Abuse) Act 2021 (SA). The applicant wishes to appeal the judgment on the basis that the amendment has an effect that is not in line with the law.

The legal issues before the court pertain to whether the proposed grounds of appeal have sufficient merit to warrant the grant of special leave to appeal and whether the amendment to the Evidence Act has created an unsuitable vehicle for examining the issues of law raised in the first proposed ground of appeal. The court needed to determine if the applicant's proposed grounds of appeal had sufficient prospects of success and if the amendment to the Evidence Act has rendered this case an unsuitable vehicle to examine the issues of law.

The court found that the proposed grounds of appeal have insufficient prospects of success to warrant the grant of special leave to appeal. The amendment to s 34P(2)(a) of the Evidence Act 1929 (SA) by the Statutes Amendment (Child Sexual Abuse) Act 2021 (SA) has created an unsuitable vehicle for examining the issues of law raised in the applicant's first proposed ground of appeal. Therefore, it would be futile to grant an extension of time. The court dismissed the application and directed the Registrar to draw up, sign and seal an order dismissing the application.

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