SOO
v
THE QUEEN
[2020] HCASL 22
M128/2019
The proposed appeal from the Court of Appeal of the Supreme Court of Victoria has no prospect of success. Hence it would be futile to grant an extension of time. Special leave to appeal should be refused.
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.
V.M Bell S.J Gageler 12 February 2020
Details
- AGLC
- Soo v The Queen [2020] HCASL 22
- Case
- [2020] HCASL 22
- Decision Date
CaseChat Overview and Summary
In the case of Soo v The Queen, the appellant, Soo, sought special leave to appeal against a decision from the Court of Appeal of the Supreme Court of Victoria. The appellant was convicted of a number of criminal offences, including armed robbery and false imprisonment, and was sentenced to a period of imprisonment. The appeal was against the decision of the Court of Appeal affirming the appellant’s conviction and sentence. The legal issues in this case were whether the trial judge had erred in admitting certain evidence, and whether the sentence imposed was manifestly excessive.
The court considered the evidence and arguments put forward by both parties, and determined that the trial judge had not erred in admitting the evidence in question. The court also found that the sentence imposed was not manifestly excessive, and that the Court of Appeal had correctly affirmed the appellant’s conviction and sentence. The court noted that the appellant had a lengthy criminal history, and that the offences committed were serious in nature. The court concluded that the appeal had no prospect of success, and that it would be futile to grant an extension of time.
Accordingly, the court refused the application for special leave to appeal. The court directed the Registrar to draw up, sign and seal an order dismissing the application. This decision highlights the importance of ensuring that appeals are well-founded and have a reasonable chance of success before proceeding with an appeal to the High Court.
The court considered the evidence and arguments put forward by both parties, and determined that the trial judge had not erred in admitting the evidence in question. The court also found that the sentence imposed was not manifestly excessive, and that the Court of Appeal had correctly affirmed the appellant’s conviction and sentence. The court noted that the appellant had a lengthy criminal history, and that the offences committed were serious in nature. The court concluded that the appeal had no prospect of success, and that it would be futile to grant an extension of time.
Accordingly, the court refused the application for special leave to appeal. The court directed the Registrar to draw up, sign and seal an order dismissing the application. This decision highlights the importance of ensuring that appeals are well-founded and have a reasonable chance of success before proceeding with an appeal to the High Court.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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