Carrion v The Queen

The applicant, Carrion, sought special leave to appeal to the High Court of Australia against a refusal of leave to appeal by the Full Court of the Supreme Court of South Australia, sitting as a Court of Criminal Appeal. The dispute arose from the applicant's conviction for armed robbery and his subsequent attempts to appeal this conviction through the South Australian court system.

The primary legal issue before the High Court was whether the Full Court of the Supreme Court of South Australia erred in law by hearing and determining the applicant's application for leave to appeal in private, contrary to the applicant's express wishes to be present and heard in open court. A related issue concerned the legal effect of the Full Court's refusal of leave to appeal, particularly in relation to the applicant's time spent in custody pending the appeal.

The applicant contended that the Full Court's decision to hear the application in private, pursuant to specific rules of court, violated his right to a public hearing and to be present at proceedings that concerned him. He argued that his handwritten request to be heard in open court and to be present should have been acceded to. The High Court was invited to consider the legal implications of such private hearings in the context of criminal appeals and the principles of natural justice.

The High Court granted special leave to appeal.