Tav v The King

TAV
v
THE KING
[2023] HCASL 106
B16/2023

The applicant requires an extension of time in which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (McMurdo JA, Mullins P and Bond JA agreeing). The unreasonableness of the verdict of the jury on count 6 did not, in the circumstances of this case, require a conclusion that all other convictions were unreasonable. There is no reason to doubt the correctness of the decision of the Court of Appeal. It would therefore be futile to grant the extension of time that is sought. 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

3 August 2023

CaseChat Overview and Summary

In the case of Tav v The King, the applicant sought an extension of time to seek special leave to appeal against a decision made by the Court of Appeal of the Supreme Court of Queensland. The Court of Appeal had upheld the applicant's convictions on counts 1 to 5 but quashed the conviction on count 6, finding it unreasonable. The applicant argued that the unreasonableness of the jury's verdict on count 6 implied that all other convictions were also unreasonable. The High Court was tasked with determining whether the application for an extension of time should be granted.

The High Court considered whether the verdict on count 6 was indeed unreasonable and if this had any bearing on the validity of the other convictions. The Court noted that the jury's verdict on count 6 was unreasonable due to the presence of an evidential inconsistency. However, it concluded that this did not necessarily mean that all other convictions were unreasonable. The Court of Appeal's decision to uphold the other convictions was deemed correct, and there was no merit in the argument that the verdict on count 6 invalidated the entire trial's outcome. Therefore, the Court found that granting the extension of time would be futile.

The High Court dismissed the application for an extension of time. The Court reasoned that there was no basis to doubt the correctness of the Court of Appeal's decision and that proceeding with the appeal would not yield a different outcome. As a result, the application was dismissed, and the Registrar was directed to draw up, sign, and seal the order accordingly. This decision was made on 3 August 2023 by Justice Edelman and Justice Steward.

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