Hawkins v The Queen

This matter concerns an application for special leave to appeal to the High Court of Australia. The applicant, Hawkins, sought to appeal against a decision of a lower court. The respondent, the Queen, was represented by counsel. The application was not opposed by the respondent, who indicated a willingness for the application to be amended to include an additional ground should special leave be granted.

The primary legal issue before the High Court was whether the applicant should be granted special leave to appeal. This involved considering the grounds of appeal, particularly those relating to the law of insanity and automatism. The applicant indicated an abandonment of one specific ground concerning the application of the proviso, but maintained that other grounds, including one tied to the application of the proviso, remained relevant if special leave were granted on other grounds. The Court also considered whether an additional ground, suggested by the respondent, could be incorporated into the appeal.

The applicant's counsel argued that the matters to be raised in the proposed appeal concerned significant questions of law relevant to the administration of justice throughout Australia, referencing historical difficulties with the law of insanity. The applicant submitted that the decision in *R v Falconer* had addressed one aspect of this problem, relating to non-insane automatism, and that the current appeal would address further complexities. The Court noted that the applicant was not bound by the draft notice of appeal if special leave were granted.