Coco v The Queen

This matter came before the High Court of Australia concerning an application by Mr Coco, who had been convicted and sentenced. The application was made following changed circumstances, specifically that Mr Coco had served a period of imprisonment and was serving a good behaviour bond. Counsel for Mr Coco sought the Court's consideration of written submissions regarding the appropriateness of varying the Court's previous order. The Crown, represented by the Commonwealth Director of Public Prosecutions, indicated it would make no submissions on the matter.

The central legal issue before the Court was whether, in light of Mr Coco's subsequent compliance with his sentence and the changed circumstances, the Court should entertain written submissions to vary its prior order. The Court was required to determine the procedural mechanism and timeframe for considering such an application, particularly given that an order had already been pronounced.

The Court indicated its willingness to entertain written submissions from both parties. It directed that Mr Coco's submissions be lodged as soon as possible, suggesting by fax by the Friday of that week, to allow the Crown an opportunity to respond by the following Tuesday. The Chief Justice noted that the Court would then be in a position to give a decision the following week and that it might be appropriate to reserve liberty to apply, given the order had already been pronounced. The matter was subsequently adjourned sine die.