Tracey v The King

CaseChat Overview and Summary

The case of Tracey v The King involved an applicant who sought an extension of time to appeal a decision made by the Court of Appeal of the Supreme Court of Queensland. The applicant was appealing against his conviction for murder, which was dismissed by the court on 20 February 2024. The application for the extension of time was to seek special leave to appeal the decision of the Queensland Court of Appeal. The legal issues before the court were whether the proposed appeal had sufficient prospects of success to warrant a grant of special leave, and whether it raised any point of general principle.

The court considered the applicant's appeal and assessed its merits. The court found that the proposed appeal did not have sufficient prospects of success to warrant a grant of special leave, and it did not raise any point of general principle. Given these findings, the court concluded that granting the extension of time would be futile. The court was therefore of the opinion that special leave to appeal should be refused.

In its judgment, the court emphasised that the appeal did not present any new or significant legal issues that would warrant further consideration. The court was not persuaded that the appeal had any reasonable prospect of success, nor did it identify any broader legal principles that needed to be addressed. As a result, the court declined to grant the extension of time and dismissed the application for special leave to appeal.

The final orders of the court were to refuse the applicant's request for an extension of time to seek special leave to appeal, thereby upholding the dismissal of the appeal against the murder conviction by the Queensland Court of Appeal.

Keep reading for free

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established