Zahidul Haque v The Queen

ZAHIDUL HAQUE
v
THE QUEEN
[2013] HCASL 156
M43/2013

The applicant was found guilty in the County Court of Victoria of one count of reckless conduct endangering a person.
The Court of Appeal of the Supreme Court of Victoria (Priest JA) refused the applicant's application for leave to appeal against conviction and sentence. The applicant seeks special leave to appeal to this Court against the refusal of his application for leave to appeal to the Court of Appeal against conviction.
As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.
Much of the applicant's draft notice of appeal and the written case are directed to material which was advanced in the Court of Appeal. We see no reason to doubt the correctness of the conclusions reached by that Court. Further, it is not shown to be in the interests of justice, either generally or in this particular case, that the applicant be granted special leave to appeal.
Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

6          K.M. Hayne

7          9 October 2013

8          S.M. Crennan

CaseChat Overview and Summary

The case of Zahidul Haque v The Queen involves an applicant who was convicted in the County Court of Victoria of reckless conduct endangering a person. After the applicant's application for leave to appeal against both conviction and sentence was refused by the Court of Appeal of the Supreme Court of Victoria, he sought special leave to appeal to the High Court against the refusal of the leave to appeal. The applicant, appearing pro se, filed the application under rule 41.10 of the High Court Rules 2004.

The primary legal issue before the High Court was whether special leave to appeal should be granted to the applicant. The Court had to consider the correctness of the Court of Appeal's decision and whether it was in the interests of justice to grant the special leave. The Court observed that much of the applicant's case relied on arguments that had already been considered and rejected by the Court of Appeal. The Court found no reason to doubt the correctness of the Court of Appeal's conclusions. Additionally, it was determined that it was not in the interests of justice to grant the special leave to appeal, either generally or in this specific case.

Consequently, the High Court dismissed the applicant's application for special leave to appeal. The Court directed the Registrar to draw up, sign, and seal an order dismissing the application. This decision highlights the stringent criteria for granting special leave to appeal and the Court's reluctance to revisit issues that have already been thoroughly examined by lower courts.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established