Coco v The Queen

[1994] HCATrans 271

..

.

• r

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Brisbane No B33 of 1993

B e t w e e n -

SANTO ANTONIO COCO

Applicant

and

THE QUEEN

Respondent

For Judgment

MASON CJ
BRENNAN J
DEANE J

DAWSON J

TOOHEY J

GAUDRON J

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 13 APRIL 1994, AT 10.23 AM

Copyright in the High Court of Australia

Coco(4) 1 12/4/94

(Reasons for judgment were delivered)

MR C. McDONALD:  If it please the Court, may I be heard very

briefly, Your Honour? (instructed by Gilshenan &

Luton).

I am instructed to inform the Court in respect

of certain changed circumstances since the matter

was before the Court, and that is that Mr Coco has

served and undergone a period of six months

imprisonment and is now well into serving the 12

month good behaviour bond. Mr Hampson, who is

unavailable to be here today, has asked whether the

Court would entertain any written submissions in respect of the appropriateness of directing a

retrial.

MASON CJ: Is there anyone here representing the Crown?

MR T. CARTER:. Yes, Your Honour. ( instructed by the

Commonwealth Director of Public Prosecutions)

MASON CJ:  What is your reaction to the proposal put

forward?

MR CARTER:  I make no submissions, Your Honour.

MASON CJ: In the circumstances certainly, the Court will

entertain written submissions.

MR McDONALD:  Thank you, Your Honour. Should they be

addressed to the Court here in Canberra or when the

Court next sits in Brisbane?

MASON CJ: Yes, they ought to be presented as soon as

possible so that the Court can vary its order in

the event that that proves to be the proper course.

How soon can you lodge the submissions?

MR McDONALD:  Your Honour, my instructions came by telephone

last night. I would anticipate - Mr Hampson is

involved in a trial, the duration of which I am not

sure, but Mr Fraser -

MASON CJ:  Is there any reason why the submissions cannot

really be lodged with the Court by fax if need be

on or before Friday of this week?

MR McDONALD:	None that I know of, Your Honour.
MASON CJ:	I think that ought to be done, and then I would

have thought that the Crown ought to be in a

position to respond on or before Tuesday or

Wednesday. Why not Tuesday?

Coco(4) 2 13/4/94

MR CARTER: If it please Your Honour.

MR McDONALD:	May it please Your Honour.
MASON CJ:	In that case the Court ought to be able to give a

decision next week. It may be appropriate to

reserve to the parties liberty to apply because the

order has been pronounced, and at the moment it is

not possible to form a judgment as to what view the

Court might take.

MR McDONALD:  Thank you, Your Honour.

AT 10.26 AM THE MATTER WAS ADJOURNED SINE DIE

Coco(4) 3 13/4/94