Thomas v The Queen

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Thomas

v

The Queen

[2023] HCASL 3
B45/2022

  1. An extension of time is required for this application to proceed. The application for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of Queensland (Morrison JA; McMurdo JA and North J agreeing) does not identify any reason to doubt the correctness of the decision of the Court. An appeal to this Court would have insufficient prospects of success to warrant the grant of special leave to appeal. It would therefore be futile to grant an extension of time. The application should be dismissed.

  2. 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 J.S. Gleeson
9 February 2023
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Details
Case
[2023] HCASL 3
Decision Date

CaseChat Overview and Summary

Thomas has applied for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland, which rejected his appeal against his conviction and sentence. The nature of the dispute involves a criminal conviction and sentence, and the application is before the High Court of Australia.

The legal issues before the Court were whether special leave to appeal should be granted, and whether an extension of time should be granted for the application to proceed. The Court was required to consider whether the application identified any reason to doubt the correctness of the Court of Appeal's decision, and whether an appeal to the High Court would have sufficient prospects of success to warrant the grant of special leave to appeal.

The Court held that the application did not identify any reason to doubt the correctness of the Court of Appeal's decision. The Court found that an appeal to the High Court would have insufficient prospects of success to warrant the grant of special leave to appeal, and that it would therefore be futile to grant an extension of time. The application for special leave to appeal was dismissed, and the Registrar was directed to draw up, sign and seal an order dismissing the application.

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