High Court Bulletin
Produced by the Legal Research Officer,
High Court of Australia Library
[2016] HCAB 5 (20 June 2016)
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 |
| Alqudsi v The Queen | Constitutional Law |
| Betts v The Queen | Criminal Law |
| Hall v Hall | Family Law |
| Robinson Helicopter Company Incorporated v McDermott & Ors | Torts |
2: Cases Reserved
| Case | Title |
| Cunningham & Ors v Commonwealth of Australia & Anor | Constitutional Law |
| Zefi v The Director of Public Prosecutions; Jakaj v The Director of Public Prosecutions; Stakaj v The Director of Public Prosecutions; NH v The Director of Public Prosecutions | Criminal Law |
| Graham v The Queen | Criminal Law |
| Sio v The Queen | Criminal Law |
| Minister for Immigration and Border Protection & Anor v SZSSJ & Anor; Minister for Immigration and Border Protection & Ors v SZTZI | Migration |
| Deal v Kodakkathanath | Workers Compensation |
4: Special Leave Granted
| Case | Title |
| Bucca v The Queen | Criminal Law |
| Castle v The Queen | Criminal Law |
| New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act | Land |
| Kendirjian v Lepore & Anor | Negligence |
| Ainsworth & Ors v Albrecht & Anor | Procedure |
| Commissioner of State Revenue v ACN 005 057 379 Pty Ltd | Taxation |
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the June 2016 sittings.
Constitutional Law
Alqudsi v The Queen
S279/2015: [2016] HCA 24.
Judgment delivered: 15 June 2016
Coram: French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ.
Catchwords:
Constitutional law (Cth) – Trial by jury – Trial on indictment for offence against Commonwealth law – Where applicant pleaded not guilty in Supreme Court to charges on indictment under Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) – Where applicant sought trial by judge order under State law empowering State courts to order trial by judge alone – Whether application of State law to applicant's trial inconsistent with Constitution, s 80.
High Court– Stare decisis – Whether Brown v The Queen (1986) 160 CLR 171 should be re-opened and overruled.
Words and phrases– "elective mechanism", "indictment", "interests of justice", "shall be by jury", "State court principle", "trial by judge alone", "trial by judge order", "trial by jury", "trial on indictment", "waiver of trial by jury".
Constitution– s 80.
Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth)– ss 7, 9A.
Judiciary Act 1903 (Cth)– s 68.
Criminal Procedure Act 1986 (NSW)– s 132.
Held: Questions answered.
Return to Top
Criminal Law
Betts v The Queen
S281/2015: [2016] HCA 25.
Judgment delivered: 15 June 2016.
Coram: French CJ, Kiefel, Bell, Gageler and Gordon JJ.
Catchwords:
Criminal…
Keep reading for free
Create a free CaseChat account to read High Court Bulletin and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] HCAB 5
- Decision Date
CaseChat Overview and Summary
In Betts v The Queen, the court was presented with the issue of whether the refusal by an appellate court to take into account additional material during re-sentencing amounted to a miscarriage of justice. The appellant had appealed against the severity of sentences imposed, and additional material was produced that contained evidence inconsistent with the appellant's case at the sentence hearing. The court had to decide whether the refusal to consider the additional material constituted a miscarriage of justice and whether the court had properly exercised its re-sentencing discretion. The court concluded that the refusal to take into account the additional material did not amount to a miscarriage of justice, as the court had correctly exercised its discretion in re-sentencing the appellant.
The High Court's decisions in these cases reflect its role in interpreting constitutional provisions and ensuring the proper application of legal principles in criminal proceedings. In Alqudsi v The Queen, the court reinforced the constitutional requirement for trial by jury in serious offences under Commonwealth law, while in Betts v The Queen, it affirmed the appellate court's discretion in re-sentencing and the conditions under which additional material may be considered.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.