WILLIAMS v The Queen

Case [2022] HCASL 28


WILLIAMS

v

THE QUEEN

[2022] HCASL 28
S155/2021

  1. An extension of time is necessary to enable this application for special leave to appeal to proceed. The applicant seeks special leave to appeal from a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales, which dismissed the applicant's appeal against conviction. The application raises no question of general importance. Further, the Court of Criminal Appeal's decision is not attended by doubt. Accordingly, special leave should be refused. That being so, it would be futile to grant the required extension of time.

  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.

P.A. Keane J.S. Gleeson
17 February 2022

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WILLIAMS v The Queen [2022] HCASL 28
Case
[2022] HCASL 28
Decision Date

CaseChat Overview and Summary

Williams v The Queen involved the applicant seeking special leave to appeal a decision by the Court of Criminal Appeal of the Supreme Court of New South Wales, which had dismissed the applicant's appeal against a conviction. The High Court was required to determine whether an extension of time was necessary to allow the application to proceed and whether the applicant had grounds to appeal. The applicant argued that the Court of Criminal Appeal's decision was flawed, but the High Court found no question of general importance and determined that the decision was not attended by doubt.

The primary legal issue before the High Court was whether special leave to appeal should be granted, considering the absence of any general importance in the questions raised and the lack of doubt surrounding the Court of Criminal Appeal's decision. The High Court noted that the Court of Criminal Appeal's decision was sound and that the applicant's appeal raised no significant legal issues that warranted further consideration. The Court found that there was no basis for doubting the correctness of the Court of Criminal Appeal's decision, thereby concluding that an extension of time would be futile.

In light of these findings, the High Court refused to grant the application for special leave. It directed the Registrar to draw up, sign and seal an order dismissing the application. The Court of Criminal Appeal's decision was upheld, and the applicant's appeal was dismissed. This outcome was consistent with the Court's assessment that no substantial grounds for appeal existed, and no further review was warranted.

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