Boyd v The Queen

[2002] HCATrans 393

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B92 of 2001

B e t w e e n -

VICTOR BOYD

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 11 OCTOBER 2002, AT 12.40 PM

Copyright in the High Court of Australia

McHUGH J:   This matter is to be dealt with on the papers.  Neither party is seeking to supplement the written submissions with oral argument.

The Court has considered the written submissions.  Save for one point raised by the applicant, we are not convinced that any error has been shown in the reasons of the Court of Appeal of the Supreme Court of Queensland.  Nor are we persuaded that the applicant has suffered a miscarriage of justice upon any of the grounds argued by him.

The exception referred to relates to the applicant’s complaint that the judgment of the Court of Appeal incorrectly recorded his conviction in the decision of that court.  In the prosecution’s submissions to this Court, it is noted that the administrative error on the Registrar’s recording of the order of the Court of Appeal has been corrected.  It is stated that a copy of the amended order accompanies this summary of argument.  In fact, no such copy is appended to the written submissions of the respondent in the application book.  However, we assume that the administrative error has been corrected.  If necessary, the applicant could raise the suggested discrepancy between the Court of Appeal orders and that court’s reasons with that court.

Special leave to appeal is refused.

AT 12.42 PM THE MATTER WAS CONCLUDED