Volkov v The King

VOLKOV
v
THE KING
[2023] HCASL 104
B23/2023

The applicant requires an extension of time within which to seek special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Fraser and McMurdo JJA and Williams J) dismissing the applicant's application for leave to appeal against sentence. None of the applicant's proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of special leave to appeal. It would therefore be futile to grant the extension that is sought. Special leave should be refused.
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.

M.M. Gordon S.H.P. Steward

3 August 2023

CaseChat Overview and Summary

Volkov was appealing against a decision made by the Court of Appeal of the Supreme Court of Queensland, which had dismissed his application for leave to appeal against a sentence. Volkov sought an extension of time to apply for special leave to appeal this decision. The High Court was tasked with determining whether it was appropriate to grant this extension.

The legal issue before the court was whether Volkov's proposed grounds of appeal had sufficient prospects of success to warrant the grant of special leave to appeal. The court was required to assess the merits of the proposed grounds and determine whether it would be futile to grant the extension sought by Volkov.

In determining the outcome of the application, the court considered the merits of the proposed grounds of appeal and concluded that none of them had sufficient prospects of success. The court found that granting the extension sought by Volkov would be futile as there was no realistic chance of success on appeal. Therefore, the court refused to grant the extension and dismissed the application for special leave to appeal. The court ordered the Registrar to draw up, sign and seal an order dismissing the application.

This decision highlights the importance of demonstrating sufficient prospects of success in order to be granted special leave to appeal. The court's refusal to grant the extension in this case reinforces the principle that the grant of special leave is not a matter of right, but rather a discretionary power exercised by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established