De Luca v The Queen

[1997] HCATrans 332

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M42 of 1997

B e t w e e n -

KENNETH ALLAN DE LUCA

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J
McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 14 NOVEMBER 1997, AT 9.36 AM

Copyright in the High Court of Australia

GAUDRON J:   In this matter we have been informed by the Deputy Registrar that the parties do not wish to supplement their written arguments with oral submissions.

The applicant seeks to raise an issue as to free will.  The application is misconceived.  The only question which could arise in these proceedings is whether the act done by the applicant was done consciously and voluntarily, as that expression is used in legal discourse.  That question does not involve any consideration of the philosophical notion of free will.  The application for special leave is refused.

AT 9.37 AM THE MATTER WAS CONCLUDED