RC v The Queen

The applicant in this case sought an extension of time within which to file an application for special leave to appeal against a decision of the Court of Criminal Appeal of the Supreme Court of New South Wales. The legal issues before the court were whether the applicant's proposed appeal had sufficient prospects of success to warrant a grant of special leave and whether granting the extension of time sought would be futile. The court was required to determine whether the appeal had sufficient merit to warrant consideration by the High Court.

In considering these issues, the court noted that the applicant's proposed appeal related to a decision that had already been considered by two other courts. The court found that the applicant had not demonstrated that the proposed appeal had sufficient prospects of success to warrant a grant of special leave. The court also found that granting the extension of time sought would be futile as the appeal lacked merit. The court held that it was not appropriate to grant the extension of time that was sought as it would not serve the interests of justice.

The court refused the application for an extension of time and dismissed the application for special leave to appeal. The court held that the proposed appeal lacked sufficient prospects of success to warrant a grant of special leave and that granting the extension of time sought would be futile. The court noted that it was not appropriate to grant the extension of time that was sought as it would not serve the interests of justice. The court directed the Registrar to draw up, sign, and seal an order dismissing the application.

The final orders of the court were that the application for an extension of time be dismissed and that the application for special leave to appeal be refused. The court held that the proposed appeal lacked sufficient prospects of success to warrant a grant of special leave and that granting the extension of time sought would be futile. The court noted that it was not appropriate to grant the extension of time that was sought as it would not serve the interests of justice. The court directed the Registrar to draw up, sign, and seal an order dismissing the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

V.M Bell	S.J Gageler
14 October 2020