| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2021 0040 |
| EVANGELOS GOUSSIS | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGE: | BEACH JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 14 November 2022 |
| DATE OF JUDGMENT: | 21 November 2022 |
| MEDIUM NEUTRAL CITATION: | [2022] VSCA 255 |
| JUDGMENT APPEALED FROM: | [2009] VSC 16 (King J) |
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CRIMINAL LAW – Conviction – Application for leave to second appeal – Public interest immunity – Chief Commissioner of Victoria Police ordered to produce documents – Redactions made by Chief Commissioner on basis of relevance, public interest immunity and statutory prohibitions – Means by which Chief Commissioner’s claims are to be heard and determined – Whether contradictor should be appointed – Whether confidential affidavit and submissions should be provided, on appropriate undertakings, to applicant’s lawyers, or whether amicus curiae should be appointed.
APPEAL – Appeal from judicial registrar’s order that confidential affidavit and submissions be provided, on appropriate undertakings, to applicant’s lawyers – Appeal by way of hearing de novo – Appeal dismissed.
Commonwealth v Northern Land Council (1993) 176 CLR 604; Jackson v Wells (1985) 5 FCR 296, referred to.
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| Counsel | |||
| Applicant: | Mr PJ Smallwood | ||
| Respondent: | Ms D Piekusis KC | ||
| Chief Commissioner of Victoria Police: | Mr AM Dinelli SC with Mr AD James-Martin | ||
Solicitors | |||
| Applicant: | James Harris Lawyers | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
| Chief Commissioner of Victoria Police: | Mr M Hocking, Victorian Government Solicitor | ||
BEACH JA:
On 29 May 2008, following an eight-week trial, the applicant was convicted in the Supreme Court of one charge of murder and one charge of intentionally causing serious injury. The victims of these offences were, respectively, Lewis Moran and Herbert Wrout. The principal Crown witness at trial was Jack Price.[1] On 9 February 2009, the applicant was sentenced to life imprisonment, with a non-parole period of 30 years.[2]
[1]A pseudonym.
[2]R v Goussis [2009] VSC 16. The applicant had earlier received a sentence of 20 years, with a non-parole period of 15 years in respect of the murder of Lewis Caine (see R v Goussis [2006] VSC 168). At the time he was sentenced for the present offending, the applicant had been in prison for 4 years and 9 months. The 30-year non-parole period imposed by the judge was ordered to commence from the day of sentencing on 9 February 2009, making an effective non-parole period from that day of 34 years and 9 months.
On 20 April 2011, this Court refused the applicant leave to appeal against conviction and leave to appeal against sentence.[3] On 28 October 2011, the High Court refused the applicant’s applications for special leave to appeal against conviction and sentence.[4]
On 20 April 2021, pursuant to s 326A of the Criminal Procedure Act 2009, the applicant filed a second application for leave to appeal against conviction. His application contains one proposed ground of appeal as follows:
1. There…
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- AGLC
- Goussis v The King [2022] VSCA 255
- Case
- [2022] VSCA 255
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding whether the Chief Commissioner's redactions were legally sound and whether the procedures followed were appropriate. It was necessary to consider whether the contradictor should have been appointed and whether confidential affidavits and submissions should be provided to Goussis's lawyers, either directly or through an amicus curiae. The central legal issues included the scope of public interest immunity, the adequacy of the procedures followed, and the disclosure of confidential material to the applicant.
The High Court dismissed the appeal. The Court held that the judicial registrar's order, which mandated the provision of confidential affidavits and submissions to Goussis's lawyers under appropriate undertakings, was correct. The Court considered that the procedures followed were fair and appropriate, and that there was no need for an amicus curiae to be appointed. The Court also affirmed that the Chief Commissioner's redactions were justified on the basis of relevance, public interest immunity, and statutory prohibitions.
The Court's decision effectively upheld the orders made by the judicial registrar and concluded that there were no grounds for the second appeal to proceed. The orders of the judicial registrar were affirmed, and Goussis's application for leave to appeal was dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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