Smith v The King

[2024] HCASL 119

SMITH

v

THE KING

[2024] HCASL 119
S144/2023

1. The applicant requires an extension of time within which to seek special leave to appeal from the whole of a judgment of the Court of Criminal Appeal of New South Wales (Beech-Jones CJ at CL, Button and McNaughton JJ agreeing) dismissing an appeal against conviction for assault occasioning death while intoxicated contrary to s 25A(2) of the Crimes Act 1900 (NSW).

2. The proposed appeal has insufficient prospects of success to warrant a grant of special leave to appeal. It would therefore be futile to grant an extension of time.

3. Special leave to appeal is refused.

   Gageler CJ
   Gordon J
   Edelman J
   Steward J 
   Gleeson J
   Jagot J

   11 April 2024