Hartigan v The Queen

[1999] HCATrans 195

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B38 of 1998

B e t w e e n -

BARRY WAYNE HARTIGAN

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 24 JUNE 1999, AT 1.23 PM

Copyright in the High Court of Australia

McHUGH J:   This matter is to be dealt with on the papers.  The Court is in a position to give judgment.

This applicant seeks special leave to appeal against his sentence for heroin trafficking which he committed while he was on parole in respect of other offences.  In effect, he argues that time on parole should be treated as time served in prison.

The Court of Criminal Appeal held that section 190 of the Corrective Services Act provides to the contrary, and there is no reason to doubt the correctness of the decision of the Court of Criminal Appeal on that point, or on the case, generally.  There is nothing put forward by the applicant which would warrant the grant of special leave to appeal in this case.  Accordingly, the application for special leave to appeal is refused.

Adjourn the Court.

AT 1.24 PM THE MATTER WAS CONCLUDED