Clarke v The Queen

[2000] HCATrans 145

IN THE HIGH COURT OF AUSTRALIA

Registry  No C2 of 2000

B e t w e e n -

PETER SURYA CLARKE

Applicant

and

THE QUEEN

Respondent

For judgment

GAUDRON J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2000, AT 9.28 AM

Copyright in the High Court of Australia

HER HONOUR:   This is the return of a summons seeking expedition of the hearing of an application for special leave to appeal from a decision of the Full Court of the Federal Court of Australia given on 15 February 2000.  The application for expedition is not opposed.

The applicant for expedition, who is also the applicant for special leave to appeal, is serving a prison sentence in Goulburn Gaol following his conviction in the Supreme Court of the Australian Capital Territory for armed robbery and assault occasioning actual bodily harm.  He has appealed against his convictions and, also, with respect of his sentence to the Federal Court of Australia.  He sought bail from that court pending the hearing of his appeal.  His bail application was refused and it is from that decision that he seeks special leave to appeal.

The applicant believes that his appeal against conviction and sentence will be heard in Canberra in May 2000.  He therefore seeks to have his special leave application determined this month, either on 14 April when special leave applications will be heard in Canberra and Sydney or on 18 April when applications will be heard in Sydney.

The applicant’s summary of argument in support of his special leave application was filed on 23 March 2000.  The respondent’s written argument has not been filed although, in submissions with respect to expedition, the Director of Public Prosecutions states that it can be prepared within five working days of receipt of the applicant’s summary.  It may be that, for some reason, the applicant’s summary has not yet found its way into the hands of the Director of Public Prosecutions.  Whether or not this is so, it is not apparent that the parties will be in a position to proceed with the special leave application by either 14 April or 18 April 2000.       Apart from the respondent’s summary of argument, no application books have yet been prepared.  For this reason, the special leave application should not be listed on either of those days. 

Although the applicant believes that his appeal to the Federal Court will be heard in May, there is nothing in the file to indicate that that is definitely the case.  In these circumstances, it is appropriate that the special leave application be added to the list for Sydney on 26 May 2000.  I direct the parties to take all necessary steps to ensure that the application books are filed in the Canberra Registry of this Court not later than 4 pm on 12 May 2000.

I take it, Mr Refshauge, you can assist the applicant in the preparation of application books.

MR REFSHAUGE:   Of course, your Honour, yes.

HER HONOUR:   Perhaps, if you have not got the applicant’s summary of argument, you should uplift it from the - - -

MR REFSHAUGE:   I have now.  I now have them, thank you, your Honour.

HER HONOUR:   Yes, thank you.  The Court will now adjourn.

AT 9.31 AM THE MATTER WAS CONCLUDED