Dupas v The Queen

[2002] HCATrans 348

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M85 of 2001

B e t w e e n -

PETER NORRIS DUPAS

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 13 SEPTEMBER 2002, AT 11.46 AM

Copyright in the High Court of Australia

GAUDRON J:   Perhaps the matter could be called outside the Court.

COURT OFFICER:   No response, your Honour.

GAUDRON J:   Thank you.

The application for special leave to appeal in this matter contains these words:

At the present stage, it is expected that counsel will not appear to supplement this summary with oral argument.  The application in this Court has thus far been conducted pro bono.  In those circumstances, the applicant seeks to reserve his position on whether the application will be supplemented with oral argument. 

The respondent’s summary of argument notes:

The respondent does not seek to supplement this summary with oral argument unless the position of the applicant alters in respect of oral argument.

The parties having been called and there having been no appearance, it is to be assumed that the parties are content to rely on their written submissions which have been considered by the Court. 

We would add this: given that in this case complete instruction as to what evidence might constitute evidence of consciousness of guilt would not have assisted the defence case and given, also, that defence counsel did not seek a direction of the kind for which the applicant now contends, we are satisfied that this case does not involve any miscarriage of justice.  Accordingly, special leave is refused.

AT 11.49 AM THE MATTER WAS CONCLUDED