Tran v The Queen

CaseChat Overview and Summary

In this matter, the applicant, Tran, seeks special leave to appeal a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The dispute arises out of Tran's conviction and sentence for drug-related offences. The High Court was asked to consider whether special leave to appeal should be granted, and if so, whether an extension of time to lodge the application should be permitted.

The primary legal issue before the Court was whether the Court of Criminal Appeal's decision was attended by sufficient doubt to warrant the grant of special leave. Additionally, the Court had to consider whether the extension of time sought by the applicant was justified. The Court noted that the decision of the Court of Criminal Appeal was not in doubt, and accordingly, there was no basis to grant special leave. The Court also determined that, because there was no basis to grant special leave, it would be futile to grant an extension of time.

The Court found that the decision of the Court of Criminal Appeal was not in doubt and, therefore, there was no basis to grant special leave. The Court also found that, because there was no basis to grant special leave, it would be futile to grant an extension of time. The Court accordingly dismissed the application for special leave and the application for an extension of time. The Court directed the Registrar to draw up, sign, and seal an order dismissing the application.

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Legal Principle Established

S.J. Gageler	P.A. Keane
12 February 2020