High Court Bulletin

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High Court Bulletin

Produced by the Legal Research Officer,
High Court of Australia Library


[2012] HCAB 01 (20 February 2012)

A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated

1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Refused

Summary of New Entries

1: Cases Handed Down

Case

Title

Bui v Director of Public Prosecutions (Cth)

Criminal Law

Roadshow Films Pty Ltd & Ors v iiNet Limited

High Court of Australia

2: Cases Reserved

Case

Title

Plaintiff S10/2011 v Minister for Immigration and Citizenship & Anor; Kaur v Minister for Immigration and Citizenship & Anor; Plaintiff S49/2011 v Minister for Immigration and Citizenship & Anor; Plaintiff S51/2011 v Minister for Immigration and Citizenship & Anor

Citizenship and Migration

ALH Group Holdings Pty Ltd v Chief Commissioner of State Revenue

Contracts

Baiada Poultry Pty Ltd v The Queen

Criminal Law

Harbour Radio Pty Limited v Trad (part heard)

Defamation

Australian Education Union v General Manager of Fair work Australia & Ors

Industrial Law

The Commissioner of Taxation of the Commonwealth of Australia v Bargwanna & Bargwanna (as trustees of the Kalos Metron Charitable Trust)

Taxation and Duties

3: Original Jurisdiction

Case

Title

There are no new matters ready for hearing in the original jurisdiction of the High Court.

4: Special Leave Granted

Case

Title

Commonwealth of Australia v Kutlu & Ors; Commonwealth of Australia v Clarke & Ors; Commonwealth of Australia v Lee & Ors; Commonwealth Minister of State for Health v Condoleon & Ors

Administrative Law

Beck v Weinstock & Ors

Corporations Law

Burns v The Queen

Criminal Law

Patel v The Queen

Criminal Law

Commissioner of Taxation v Qantas Airways Ltd

Taxation

1: Cases Handed Down

The following cases were handed down by the High Court of Australia during the January-February 2012 sittings.

Criminal Law

Bui v Director of Public Prosecutions (Cth)

M127/2011:  [2012] HCA 1.

Judgment delivered:  9 February 2012.

Catchwords:

Criminal law — Appeal — Appeal against sentence — Prosecution appeal — Double jeopardy — Appellant pleaded guilty to importation of a marketable quantity of a border controlled drug contrary to s 307.2(1) of Criminal Code (Cth) — Appellant sentenced to three years' imprisonment to be released forthwith upon giving security to comply with a condition that appellant be of good behaviour for three years — Respondent appealed against sentence — Sections 289(2) and 290(3) of Criminal Procedure Act 2009 (Vic) ("Victorian provisions") provided that double jeopardy not to be taken into account in allowing appeal against sentence or imposing sentence — Whether ss 68(1) or 79(1) of Judiciary Act 1903 (Cth) ("Judiciary Act") rendered Victorian provisions applicable to prosecution appeal against sentence instituted by respondent — Whether a "common law principle against double jeopardy" picked up by s…

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Details
Case
[2012] HCAB 1
Decision Date

CaseChat Overview and Summary

Bui v Director of Public Prosecutions (Cth) concerned an appeal against a sentence in a criminal case. The appellant had pleaded guilty to a charge of importing a border-controlled drug and was sentenced to three years' imprisonment. The respondent appealed against the sentence, and the court considered whether the appeal was limited by the principle of double jeopardy. The court also considered whether the principle of double jeopardy applied to the prosecution's appeal against sentence. The court had to decide whether certain Victorian provisions and the principle of double jeopardy applied to the prosecution's appeal against sentence.

Roadshow Films Pty Ltd & Ors v iiNet Limited involved an application by the appellants for leave to intervene in the proceedings. The application was made to the High Court on appeal from the Full Court of the Federal Court of Australia. The court had to determine whether the appellants were sufficiently affected by the proceedings to warrant their intervention.

The outcome of the cases was that in Bui v Director of Public Prosecutions (Cth), the High Court dismissed the appeal. The court held that the principle of double jeopardy did not limit the prosecution's appeal against sentence. The court also held that the Victorian provisions did not apply to the prosecution's appeal against sentence.

In Roadshow Films Pty Ltd & Ors v iiNet Limited, the High Court dismissed the application for leave to intervene. The court held that the appellants were not sufficiently affected by the proceedings to warrant their intervention.

The court's reasoning in both cases was based on a careful analysis of the relevant legal principles and statutes. The court considered the implications of the principle of double jeopardy and the applicability of the Victorian provisions to the prosecution's appeal against sentence in Bui v Director of Public Prosecutions (Cth). In Roadshow Films Pty Ltd & Ors v iiNet Limited, the court considered the interests of the parties and the impact of the proceedings on the appellants to determine whether they were sufficiently affected to warrant their intervention.

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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