Bensted v Edwards

[2005] HCATrans 120

[2005] HCATrans 120

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B26 of 2003

B e t w e e n -

HAZEL BENSTED

Applicant

and

JONATHON DAVID EDWARDS

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.21 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant was convicted under Queensland legislation with failing to securely store weapons when they were not in the physical possession of the licensee.  The applicant was fined $300.  No conviction was recorded.  The primary ground of appeal in the Queensland Court of Appeal concerned technical defects in the warrant executed by the police.  The result, it was contended, was that certain evidence was inadmissible.  This contention was rejected and there is no reason to doubt the correctness of the decision of the Queensland Court of Appeal.

The application for special leave is refused.  The respondent does not seek any order for costs.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application.

I publish the signed disposition by Justice Kirby and myself.

AT 9.22 AM THE MATTER WAS CONCLUDED