Golding & Anor v The Queen

The applicants, Golding and another, sought the removal of proceedings from the Supreme Court of Queensland to the High Court of Australia. The proceedings concerned charges of importing a commercial quantity of cocaine, contrary to federal law. The applicants had been tried and found guilty by a jury in the Supreme Court, with sentencing still pending.

The applicants sought removal on three grounds. Firstly, they contended that the circumstances of their examination by the Australian Crime Commission, and the alleged improper dissemination of material from these examinations, rendered their trial unfair. Secondly, they argued that the Supreme Court lacked jurisdiction as the alleged offence occurred outside Queensland. Thirdly, they sought to challenge the High Court's long-standing decision in *Brown v The Queen* regarding the waiver of the constitutional right to a jury trial, asserting that pre-trial publicity meant they could not receive a fair trial by jury.

The High Court dismissed the application for removal. The Court reasoned that the power under section 40 of the *Judiciary Act 1903* (Cth) is for the removal of pending causes, and the questions relating to the applicants' guilt had already been resolved by the jury's verdict. The Court noted that any issues concerning guilt or jurisdiction could be raised on appeal. Furthermore, the Court found it doubtful that the first two grounds arose under the Constitution or involved its interpretation, a prerequisite for removal under section 40(1). Regarding the challenge to *Brown v The Queen*, the Court indicated that such a significant reconsideration of precedent would typically follow a determination by the Court of Appeal. The Court also emphasised that section 40 does not grant a general supervisory jurisdiction and that removal is reserved for cases of demonstrated urgency and importance, which were not present here, particularly given that only sentencing remained outstanding in the Supreme Court.