Zhong v The King

ZHONG
v
THE KING
[2023] HCASL 96
M19/2023

The applicant applies for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of Victoria (Kyrou, McLeish and Kennedy JJA) dismissing the applicant's application to bring a second appeal against his conviction pursuant to s 326A of the Criminal Procedure Act 2009 (Vic).
The proposed appeal advances no arguable ground of appeal against the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. 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.

S.J. Gageler J.M. Jagot

15 June 2023

CaseChat Overview and Summary

The applicant in this case, Zhong, sought special leave to appeal against a decision by the Court of Appeal of the Supreme Court of Victoria. The Court of Appeal had dismissed Zhong's application to bring a second appeal against his conviction. Zhong's conviction related to criminal proceedings, and his appeal sought to challenge the decision that barred him from bringing another appeal. The High Court was asked to grant special leave to appeal this decision by the Court of Appeal.

The legal issues at hand involved the interpretation and application of section 326A of the Criminal Procedure Act 2009 (Vic). Specifically, the court needed to determine whether Zhong's application satisfied the criteria for granting a second appeal and whether the Court of Appeal's decision was correct. The High Court was tasked with reviewing the Court of Appeal's findings to ensure there were no arguable grounds for appeal and to assess whether an appeal to the High Court had any prospects of success.

The High Court found that Zhong's application did not advance any arguable ground of appeal against the decision of the Court of Appeal. The court noted that the proposed appeal would not enjoy any prospects of success, as the Court of Appeal's decision appeared to be well-reasoned and in line with the relevant legal provisions. Consequently, the High Court concluded that the application for special leave to appeal should be refused. Pursuant to rule 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign, and seal an order dismissing the application.

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