BRS vThe Queen

[1997] HCATrans 264

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S23 of 1997

B e t w e e n -

BRS

Appellant

and

THE QUEEN

Respondent

Publication of Reasons for Decision

BRENNAN CJ
TOOHEY J
GAUDRON J
McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 25 SEPTEMBER 1997, AT 10.16 AM

Copyright in the High Court of Australia

BRENNAN CJ:   This matter was heard in Canberra by a Court constituted by Justices Toohey, Gaudron, McHugh, Kirby and myself.  On 14 August this year the following order in this appeal was made:

1.        Appeal allowed.

2.Order of the Court of Criminal Appeal of New South Wales set aside and in lieu thereof order that leave to appeal to that Court be granted, the appeal allowed, convictions on counts 1, 2, 4, 5 and 6 be quashed and a new trial be ordered on those counts.

At that time it was stated that the reasons for judgment would be published at a later date.  The reasons for judgment are now to be published.  I publish my reasons.  I would have dismissed the appeal.

TOOHEY J:   I concurred in the order made by the Court on 14 August 1997 and I publish my reasons.

GAUDRON J:   I publish my reasons for concurring in the order made by the Court on 14 August.

McHUGH J:   I concurred in the order of the Court made on 14 August.  I will deliver my reasons when they arrive.

KIRBY J:   I am in the same positions as Justice McHugh.  I concurred in the orders made by the Court on 14 August 1997 and my reasons will be shortly published.

AT 10.19 AM THE MATTER WAS CONCLUDED