Craig Anthony Wright v The Queen

CRAIG ANTHONY WRIGHT
v
THE QUEEN
[2013] HCASL 54
B48/2012

The applicant seeks special leave to appeal from orders made by the Court of Appeal of the Supreme Court of Queensland (de Jersey CJ, Holmes and Gotterson JJA) on 17 August 2012 setting aside the applicant's three convictions of drug offences and ordering a new trial.
On 14 December 2007, Australian Customs staff intercepted a postal package in Sydney containing 69 per cent pure amphetamine. On 20 December 2007, a controlled delivery of the reconstructed package was made by the Australian Federal Police to an address in Sunshine Beach. The applicant and his father collected the package and took it to the home of the applicant's father, where the Australian Federal Police executed a search warrant. The police interviewed the applicant and his father and searched the applicant's premises. The applicant was then charged with three offences involving the possession of controlled drugs.
At a pre-trial hearing, the Supreme Court dismissed an application made by the applicant to exclude evidence obtained from his record of interview and a police search warrant. The applicant seeks special leave to appeal to this Court on two grounds: that the search warrant issued under s 3R of the Crimes Act 1914 (Cth) was not duly authorised; and that the applicant's record of interview was inadmissible at trial. The applicant contends that the Court of Appeal erred in ordering a retrial.
The respondent submits correctly that this application raises no issue of general public importance which would warrant consideration by this Court. There is no reason to doubt the correctness of the decision of the Court of Appeal and the interests of the administration of justice are not engaged by the application.
Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 April 2013 S.M. Crennan

CaseChat Overview and Summary

The applicant in this case, Craig Anthony Wright, sought special leave to appeal from the decisions made by the Queensland Court of Appeal regarding his convictions for drug offenses. The Court of Appeal had set aside his convictions and ordered a new trial, which the applicant contested. The matter before the High Court was whether the applicant should be granted special leave to appeal the decisions of the Queensland Court of Appeal.

The legal issues before the Court were twofold. First, whether the search warrant issued under section 3R of the Crimes Act 1914 (Cth) was duly authorized. Second, whether the applicant's record of interview was admissible at trial. The applicant argued that both the search warrant and the record of interview were improperly obtained, and therefore inadmissible, leading to a miscarriage of justice that necessitated a new trial.

The High Court found that the application did not raise issues of general public importance or engage with the interests of the administration of justice in a way that warranted consideration. The Court accepted that the Queensland Court of Appeal had correctly exercised its discretion in ordering a retrial. Consequently, the application for special leave to appeal was dismissed, and the High Court directed the Registrar to prepare the appropriate order.

The final orders of the Court dismissed the application for special leave to appeal, affirming the decisions made by the Queensland Court of Appeal regarding the applicant's convictions and the order for a new trial.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established