Chew v The Queen
Case
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[1991] HCATrans 293
Details
AGLC
Case
Decision Date
Chew v The Queen [1991] HCATrans 293
[1991] HCATrans 293
CaseChat Overview and Summary
This matter came before the High Court of Australia on an application for special leave to appeal by the applicant, Mr Chew, against the respondent, The Queen. The central issue concerned the grounds of appeal relating to the question of intent. Both parties indicated that they were in agreement that special leave should be granted on this specific issue.
The legal issue before the Court was whether the trial judge had adequately directed the jury on the question of intent. The applicant's submissions focused on a non-direction on intent, which was presented as being intrinsically linked to other proposed grounds of appeal. The respondent indicated that while it might be procedurally simpler to have all grounds considered, they did not oppose the grant of special leave to embrace the grounds relating to intent.
The Court indicated its intention to grant special leave to appeal on the question of intent. In light of a related case, *Lloyd v The Queen* and *Edwards v The Queen*, which raised identical questions regarding intent, the Court suggested that the matter might be dealt with without an oral hearing if the parties consented. This would involve the filing of papers for the three members of the Court to review, potentially leading to an order granting special leave without the need for further oral argument, thereby circumventing a more costly procedure.
The legal issue before the Court was whether the trial judge had adequately directed the jury on the question of intent. The applicant's submissions focused on a non-direction on intent, which was presented as being intrinsically linked to other proposed grounds of appeal. The respondent indicated that while it might be procedurally simpler to have all grounds considered, they did not oppose the grant of special leave to embrace the grounds relating to intent.
The Court indicated its intention to grant special leave to appeal on the question of intent. In light of a related case, *Lloyd v The Queen* and *Edwards v The Queen*, which raised identical questions regarding intent, the Court suggested that the matter might be dealt with without an oral hearing if the parties consented. This would involve the filing of papers for the three members of the Court to review, potentially leading to an order granting special leave without the need for further oral argument, thereby circumventing a more costly procedure.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
Legal Concepts
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Appeal
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Charge
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Intention
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Sentencing
Actions
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Citations
Chew v The Queen [1991] HCATrans 293
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