Gillies v The Queen

Gillies
v
The Queen
[2022] HCASL 138
S64/2022

The applicant requires an extension of time within which to seek special leave to appeal from a unanimous decision of the Court of Criminal Appeal of the Supreme Court of New South Wales (Basten JA, Hislop and Price JJ) dismissing his appeal against conviction and sentence.
The applicant has not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal and otherwise advances no arguable ground of appeal against the decision of the Court of Criminal Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension that is sought. Special leave 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.

M.M Gordon S.H.P Steward

8 September 2022

CaseChat Overview and Summary

In the case of Gillies v The Queen, the applicant sought an extension of time to appeal a decision made by the Court of Criminal Appeal of the Supreme Court of New South Wales. This unanimous decision, delivered by Basten JA, Hislop, and Price JJ, dismissed the applicant's appeal against his conviction and sentence. The applicant's request for special leave to appeal was made to the High Court of Australia, which had to determine whether to grant the applicant an extension of time to seek special leave.

The primary legal issue before the court was whether to grant the applicant an extension of time to seek special leave to appeal. The court also had to assess whether the applicant had identified a question of principle of general importance that would warrant granting special leave. Additionally, the court had to determine if there were any arguable grounds for appeal against the decision of the Court of Criminal Appeal, and whether an appeal would have prospects of success.

In its reasoning, the court held that the applicant had not identified a question of principle of general importance sufficient to warrant a grant of special leave to appeal. The court also found that the applicant did not advance any arguable ground of appeal against the decision of the Court of Criminal Appeal. As a result, the court concluded that an appeal would enjoy no prospects of success and that it would be futile to grant the extension that was sought. Consequently, the court refused to grant special leave and directed the Registrar to draw up, sign, and seal an order dismissing the application.

The final orders of the court were to dismiss the application for an extension of time to seek special leave to appeal. The court also directed the Registrar to prepare, sign, and seal an order dismissing the application. This decision was made on 8 September 2022, by M.M Gordon and S.H.P Steward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established