Cassell v The Queen

[2000] HCATrans 15

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S110 of 1999

B e t w e e n -

BARRY JOHN CASSELL

Appellant

and

THE QUEEN

Respondent

Publication of Reasons

GLEESON CJ
GAUDRON J
McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 FEBRUARY 2000, AT 10.23 AM

Copyright in the High Court of Australia

GLEESON CJ:   This appeal was heard in Canberra on 18 November 1999 by a Court constituted by Justices Gaudron, McHugh, Gummow, Kirby and myself.  On that date the Court ordered that the appeal be dismissed and stated that the reasons for the order would be given at a later date.  I publish the joint reasons of Justices Gaudron, McHugh, Gummow and myself.

KIRBY J:   I would have allowed the appeal and ordered that the orders of the Court of Criminal Appeal of New South Wales be varied to provide the answer “Yes” to the fifth question in the stated case.  I publish my reasons.

AT 10.24 AM THE MATTER WAS CONCLUDED