Fb v The Queen

FB
v
THE QUEEN
[2021] HCASL 119
S228/2020

The applicant seeks special leave to appeal from the whole of a judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales (Basten JA, RA Hulme and N Adams JJ) dismissing his appeal against conviction. He also seeks an order that compliance with the time limit in r 41.02.1 of the High Court Rules 2004 (Cth) be dispensed with.
The prospects of success of the proposed appeal are not sufficient to warrant the grant of special leave. The application should be refused.
Pursuant to r 41.08.1 of the High Court Rules, we direct the Registrar to draw up, sign and seal an order dismissing the application.

P.A. Keane J.S. Gleeson

17 June 2021

CaseChat Overview and Summary

In the case of FBvTHE QUEEN, the applicant sought special leave to appeal against his conviction, which was dismissed by the Court of Criminal Appeal of the Supreme Court of New South Wales. The applicant also sought an order to dispense with the time limit for filing the application for special leave. The High Court was tasked with determining whether the application for special leave should be granted and whether the time limit for filing the application should be waived.

The central legal issues in this case involved the assessment of the applicant's prospects of success on appeal and the appropriate exercise of the High Court's discretion in relation to the time limit for filing the application for special leave. The court had to consider the strength of the arguments presented by the applicant and whether they were sufficient to warrant granting special leave. Additionally, the court needed to determine whether exceptional circumstances existed that justified dispensing with the time limit for filing the application.

The High Court found that the applicant's prospects of success on appeal were not sufficient to warrant the grant of special leave. The Court concluded that the arguments presented by the applicant did not meet the threshold for success. Moreover, the Court held that the applicant had not demonstrated any exceptional circumstances that would justify dispensing with the time limit for filing the application. The application for special leave was therefore dismissed, and the Court directed the Registrar to draw up, sign, and seal an order to that effect.

In light of the Court's decision, the application for special leave was refused. The Court's order, signed and sealed by the Registrar, effectively concludes the applicant's appeal against his conviction.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established