AZ v The Queen

AZ
v
THE QUEEN
[2019] HCASL 192
S50/2019

The applicant requires an extension of time within which to file the application for special leave to appeal. The application for special leave to appeal does not give rise to any question of general importance. There is no reason to doubt the correctness of the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Walton and Wilson JJ, White JA dissenting). An appeal to this Court would have insufficient prospects of success to justify the grant of special leave to appeal. It would therefore be futile to grant the extension that is sought. The application should be dismissed.
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 J.J Edelman

12 June 2019

CaseChat Overview and Summary

In the matter of AZ versus The Queen, the applicant sought an extension of time within which to file an application for special leave to appeal. The High Court of Australia heard the case, which was identified as S50/2019. The applicant had previously applied for special leave to appeal against a decision made by the Court of Criminal Appeal of the Supreme Court of New South Wales. The Court of Criminal Appeal had upheld a conviction, with two justices in agreement and one justice dissenting.

The central legal issue before the High Court was whether the application for special leave to appeal raised any question of general importance. Additionally, the Court had to determine if there was any reason to doubt the correctness of the decision of the Court of Criminal Appeal, and whether an appeal to the High Court would have sufficient prospects of success to justify granting special leave to appeal. The Court found that the application did not raise any question of general importance and there was no reason to doubt the correctness of the Court of Criminal Appeal's decision. The Court also found that an appeal to the High Court would have insufficient prospects of success to justify granting special leave to appeal, rendering it futile.

The High Court ruled that the application should be dismissed and the Registrar was directed to draw up, sign, and seal an order dismissing the application. The decision was made by Justices Gordon and Edelman on 12 June 2019. The Court concluded that the applicant's request for an extension of time to file the application for special leave to appeal was not justified, as the appeal would not have sufficient prospects of success. As such, the application for special leave to appeal was dismissed.

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