CRANNEY
v
THE QUEEN
[2018] HCASL 42
S281/2017
The applicant requires an extension of time but it would be futile to grant the extension which is sought. This application for special leave to appeal from the decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Hoeben CJ at CL, Latham and Price JJ) would not enjoy sufficient prospects of success to warrant a grant of special leave to appeal. 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
14 March 2018J.J. Edelman
- AGLC
- Cranney v The Queen [2018] HCASL 42
- Case
- [2018] HCASL 42
- Decision Date
CaseChat Overview and Summary
The legal issues before the High Court were whether Cranney's application for an extension of time to appeal had sufficient prospects of success and whether special leave should be granted to appeal the decision of the Court of Criminal Appeal. The High Court needed to determine if the Court of Criminal Appeal had correctly found that Cranney's application for an extension of time would be futile, and whether the extension of time would have sufficient prospects of success.
The High Court found that the Court of Criminal Appeal had correctly concluded that Cranney's application for an extension of time to appeal would be futile, as it would not have sufficient prospects of success. The High Court held that the Court of Criminal Appeal had properly exercised its discretion in finding that the extension of time sought by Cranney would be futile, and that granting the extension would not have a reasonable chance of success. Therefore, the High 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 the application for an extension of time to appeal was futile, and that granting the extension would not have sufficient prospects of success.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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