Teshabaev v The King

TESHABAEV
v
The King
[2023] HCASL 36
S138/2022

The applicant seeks special leave to appeal from a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Beech-Jones CJ at CL, Adamson and Bellew JJ) refusing leave to appeal against a judgment of the District Court of New South Wales (Harris DCJ).
The application for special leave does not disclose any reason that would justify the fragmentation of the criminal process. That being so, it would be futile to grant the extension of time required for the application to proceed.
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.

S.J. Gageler J.S. Gleeson

16 March 2023

CaseChat Overview and Summary

Teshabaev has applied for special leave to appeal against a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales. The Court of Criminal Appeal had dismissed an application for leave to appeal against a judgment of the District Court of New South Wales. The applicant seeks to appeal against the refusal of leave by the Court of Criminal Appeal. The primary issue before the High Court was whether the application for special leave disclosed a reason that would justify the fragmentation of the criminal process.

The High Court considered that the application for special leave did not disclose any reason that would justify the fragmentation of the criminal process. The Court found that the applicant had not identified any legal or factual issues that would warrant further consideration. The Court held that it would be futile to grant the extension of time required for the application to proceed, as there was no prospect of success on appeal.

Accordingly, the High Court dismissed the application for special leave. The Court found that there were no grounds for granting special leave to appeal, and that it would be futile to allow the application to proceed. The Court ordered that the Registrar draw up, sign and seal an order dismissing the application.

This decision highlights the importance of demonstrating a clear reason for seeking special leave to appeal, and the Court's reluctance to fragment the criminal process. The Court found that the applicant had not met the necessary threshold, and that the application should be dismissed. The outcome of this case serves as a reminder to applicants that the High Court will not entertain applications that are unlikely to succeed, and that the criminal process should not be unnecessarily prolonged.

Continue reading Teshabaev v The King

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