Peter Frederick Clark v The Queen

PETER FREDERICK CLARK
v
THE QUEEN
[2016] HCASL 79
S274/2015
S275/2015
S276/2015
S54/2016

The applicant requires an extension of time in which to seek special leave to appeal to this Court in respect of each application. None of the applicant's proposed grounds of appeal enjoys sufficient prospects of success to warrant the grant of special leave to appeal. Consequently, in each matter, an extension of time would be futile.
As the applicant is not represented, the matters fall to be dealt with under r 41.10 of the High Court Rules 2004 (Cth). Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing each application.

G.A.A. Nettle
5 May 2016 M.M. Gordon

CaseChat Overview and Summary

Peter Frederick Clark appealed against his conviction and sentence for multiple counts of indecent assault. The case was heard by the High Court of Australia, which was asked to consider whether Mr Clark should be granted an extension of time to seek special leave to appeal.

The primary legal issue before the Court was whether Mr Clark's proposed grounds of appeal were strong enough to warrant the grant of special leave to appeal. The Court also needed to consider whether an extension of time would be futile given the lack of prospects of success of the proposed grounds of appeal.

The Court found that none of Mr Clark's proposed grounds of appeal had sufficient prospects of success to warrant the grant of special leave to appeal. Therefore, any extension of time for Mr Clark to seek special leave to appeal would be futile. The Court dismissed all of Mr Clark's applications, with the Registrar being directed to draw up, sign and seal an order dismissing each application. The Court's decision was based on the lack of merit in the proposed grounds of appeal and the futility of any extension of time.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established