Hesford v The Queen

[2003] HCATrans 469

[2003] HCATrans 469

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S21 of 2003

B e t w e e n -

PHILIP MARK HESFORD

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 14 NOVEMBER 2003, AT 1.27 PM

Copyright in the High Court of Australia

MR J.D. SMITH:   May it please the Court, I appear for the respondent.  (instructed by the Solicitor for Public Prosecution (NSW))

KIRBY J:   Yes, thank you very much, Mr Smith.  Is Mr Hesford present?

MR SMITH:   I understood he was not coming.

KIRBY J:   No, we had a message that he was content that the matter be dealt with on the papers and that is how we will proceed with it.

MR SMITH:   Yes, that is the Registrar’s advice.

KIRBY J:   The applicant for special leave has indicated that he does not wish to make oral submissions.  This application will proceed on the papers. 

The Court has examined the applicant’s written submissions and the judgment of the Court of Criminal Appeal of New South Wales.  That court was applying settled principles.  There is no point of novelty or of general importance in the case.  We are not convinced of any error on the part of the Court of Criminal Appeal or of any miscarriage of justice in this case.  Accordingly, special leave to appeal is refused.

AT 1.28 PM THE MATTER WAS CONCLUDED