Yenuga v Director of Public Prosecutions

YENUGA
v
DIRECTOR OF PUBLIC PROSECUTIONS & ANOR
[2022] HCASL 87
S16/2022

The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (Basten, Gleeson and Brereton JJA). The applicant requires an extension of time but it would be futile to grant the extension. The application raises no question of principle. There is no reason to doubt the correctness of the decision of the Court of Appeal. Further, it is not in the interests of justice to grant special leave to appeal. The application for special leave to appeal 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

5 May 2022

CaseChat Overview and Summary

In Yenuga v Director of Public Prosecutions, the applicant, Yenuga, sought special leave to appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales. The dispute centred on Yenuga's request for an extension of time, which he argued was necessary to appeal a conviction for an offence. The Court of Appeal had previously denied Yenuga's application, and Yenuga now sought special leave to appeal to the High Court.

The legal issues before the High Court included whether the Court of Appeal's decision was correct, whether there was any question of principle that warranted the granting of special leave, and whether it was in the interests of justice to allow Yenuga's appeal. The Court was also required to consider whether Yenuga's application was futile, given the circumstances of the case.

The High Court found that the application for special leave to appeal should be refused. The Court noted that there was no reason to doubt the correctness of the Court of Appeal's decision, and that Yenuga's application raised no question of principle. The Court also found that it would not be in the interests of justice to grant special leave to appeal, and that Yenuga's application was futile. Accordingly, the Court dismissed the application for special leave to appeal.

The High Court ordered that the Registrar draw up, sign, and seal an order dismissing the application for special leave to appeal. The Court also noted that Yenuga's application was not in the interests of justice, and that there was no reason to doubt the correctness of the Court of Appeal's decision. The Court emphasised that special leave to appeal should only be granted in exceptional circumstances, and that Yenuga's application did not meet that standard.

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