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IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Melbourne No M42 of 1992 B e t w e e n -
MICHAEL CHARLES GLENNON
Applicant
and
THE QUEEN
Respondent
Application for special leave
to appeal
MASON CJ
BRENNAN J
DEANE J
TOOHEY J
GAUDRON J
| Glennon(4) | 1 | 18/11/93 |
TRANSCRIPT OF PROCEEDINGS
AT CANBERRA ON THURSDAY, 18 NOVEMBER 1993, AT 10.17 AM
Copyright in· the High Court of Australia
| MR P.C. DANE, QC: | May it please the Court, I appear with my |
learned friends, MR O.P. HOLDENSON and
MR G.J. THOMAS, (instructed by L.M. Jamieson)
MR B.D. BONGIORNO, QC: If the Court pleases, I appear with
my learned friend, MS K.E. JUDD, for the Crown,
(instructed by J.M. Buckley, Solicitor to the
Director of Public Prosecutions)
MR DANE: If the Court please. This case, as we understand
it, is limited to the issue of the application of
the proviso. The error identified by the court below was a breach of the principle enunciated in
Petty v Maiden.
The Court of Criminal Appeal operated upon a
concession, made by me, that the issue in the
ground of appeal was limited to two counts, being
count 11 and 14, perhaps more conveniently
described as Behnk and Palmieri, being two of the
complainant witnesses.
Now, what followed in the judgment of the
Court of Criminal Appeal was the identification of the error of the trial judge in respect of the
principle as it applied to those counts, but
through an analysis of the facts and issues
applicable to the defences in those counts, the
defences to those counts were marginalized and
trivialized, so as to give the appearance of them
being insignificant, as compared to the way in
which the case was, in fact, conducted by both
sides, and thus the proviso was applied.
Now, before turning to the substance of this
case we wish to say something about the way in
which this ground came before the Court of Criminal
Appeal and then as to the concession. The ground was not part of the original grounds of appeal that
first were drawn. What happened was, this Court made the decision in Maiden v Petty and the learned
Chief Justice of Victoria, Sir John Young, at the
time drew both parties' attention to that judgment
and, accordingly, the first appeal was adjourned so
that both parties could address argument in
relation to it.
The next time the case came before the Court
of Criminal Appeal it had been joined with the
leave of the registrar. It was argued. This Court
now knows that, of course, it was decided on one
point, one point alone. That caused this Court to
reconvene again on the application of the Director
of Public Prosecutions, but it was remitted for the
arguments to be put again because there had been no
| Glennon | 2 | 18/11/93 |
judgment in relation to all the other grounds, of
which this was included.
Accordingly we went back to the…
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- AGLC
- Glennon v The Queen [1993] HCATrans 352
- Case
- [1993] HCATrans 352
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court is whether the Court of Criminal Appeal correctly applied the proviso to the facts of the case. Specifically, the applicant argues that the Court of Criminal Appeal's approach to the grounds of appeal, which were not part of the original grounds but were introduced following a relevant High Court decision and at the invitation of the Chief Justice, led to an improper application of the proviso. The applicant also raises concerns about the structure and context of the trial judge's directions to the jury, particularly the provision of transcribed general legal principles to the jury in written form, which remained with them throughout their deliberations.
The applicant's argument centres on the submission that the Court of Criminal Appeal, in its analysis of the grounds limited to two specific counts, effectively trivialised the defences. This, it is contended, led to the erroneous application of the proviso, which allows an appeal to be dismissed despite a legal error if it is considered that no substantial miscarriage of justice has occurred. The applicant further submits that the written form of the general legal directions, provided to the jury before their deliberations on individual counts, meant that any erroneous directions were present throughout the jury's consideration of each count.
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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