Caratti v the Queen P86/2000

This matter concerned an application for special leave to appeal to the High Court of Australia by Mr Caratti against the decision of the Supreme Court of Western Australia. The dispute arose from Mr Caratti's conviction for a number of offences, including conspiracy to import heroin and conspiracy to possess heroin for the purpose of supply. The conviction followed a trial in the Supreme Court of Western Australia.

The primary legal issue before McHugh J, sitting in chambers, was whether there was a sufficient question of law to be argued on appeal to warrant the grant of special leave. Specifically, the applicant sought to challenge the admissibility of certain evidence, arguing that it had been obtained in contravention of his rights. The applicant also contended that there had been a miscarriage of justice in the proceedings below.

McHugh J considered the grounds of appeal advanced by Mr Caratti. His Honour noted that the applicant's arguments regarding the admissibility of evidence were largely based on a misapprehension of the relevant legal principles governing the admission of evidence obtained in contravention of rights. His Honour found that the trial judge had correctly applied the law in admitting the evidence. Furthermore, McHugh J concluded that there was no substantial error in the conduct of the trial that would amount to a miscarriage of justice.

Special leave to appeal was refused.