Farrell v The Queen

[1998] HCATrans 287

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Hobart  No H4 of 1997

B e t w e e n -

ALAN ARTHUR FARRELL

Appellant

and

THE QUEEN

Respondent

Publication of Reasons

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 13 AUGUST 1998, AT 2.18 PM

Copyright in the High Court of Australia

HAYNE J:   This matter was heard in Hobart on 30 and 31 March 1998 by a Court constituted by Justices Gaudron, McHugh, Kirby, Callinan and myself.  On 27 May 1998 the Court pronounced its orders in this matter.  By those orders the appeal to this Court was allowed.  The orders of the Court of Criminal Appeal of Tasmania were set aside.  The appeal to that court was allowed.  The convictions were quashed and a new trial was ordered on counts 1, 2, 3, 4, 5 and 6 in the indictment.  The Court said it would publish its reasons later.  We are now in a position to do so.

Justice Gaudron joined in the orders allowing the appeal.  I publish her Honour’s reasons.  Justice McHugh would have dismissed the appeal.  I publish his Honour’s reasons.  Justice Kirby joined in the orders allowing the appeal.  I publish his Honour’s reasons.  I would have dismissed the appeal.  I publish my reasons.  Justice Callinan joined in the orders allowing the appeal.  I publish his Honour’s reasons.

The Court will now adjourn.

AT 2.20 PM THE MATTER WAS CONCLUDED