Aboud v Attorney-General for New South Wales

The applicant, Mr Aboud, sought special leave to appeal to the High Court of Australia from a decision of the District Court of New South Wales. The Attorney-General for New South Wales and the Director of Public Prosecutions were the respondents. The case concerned the administration of criminal procedure in New South Wales, specifically the concept of a "speedy trial" and whether an accused person possessed such a right.

The central legal issue before the High Court was whether an accused person in New South Wales has a right to a speedy trial, and if so, whether that right can be waived by the individual. The applicant argued that courts had imported the concept of a speedy trial from overseas jurisdictions with bills of rights, and that this was an incorrect application of the law to the New South Wales context. The applicant contended that the historical origins of this concept, such as Magna Carta, imposed a constitutional duty on the executive to ensure justice was administered and people were brought to trial, rather than conferring an individual right.

The applicant's reasoning was that if there is no individual right to a speedy trial, then an accused person cannot waive such a right. Instead, the applicant submitted that the fundamental rights of an accused person are the right to remain silent and the right to a fair trial, both of which can be waived by the individual. The applicant argued that the duty to bring an accused to trial is a constitutional duty of the executive, which cannot be waived by a citizen. The High Court considered whether the applicant had established sufficient prospects of success to warrant granting special leave to appeal.