IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Hobart No H8 of 1988 B e t w e e n -
RODNEY ALBERT JONES
Applicant
and
THE QUEEN
Respondent
Application for special
leave to appeal
MASON CJ
BRENNAN J
DEANE J
DAWSON J
| Jones | |
| MR.H.J. KABLE: | May it please the Court, I appear with |
TOOHEY J ~ l
TRANSCRIPT OF PROCEEDINGS
AT CANBERRA ON WEDNESDAY, 8 FEBRUARY 1989, AT 10.22 AM:
Copyright in the High Court of Australia
| C2T 2/1/MB | 1 | 8/2/89 |
my learned friend, MR S.J.D. KNIGHT, for the
applicant. (instructed by Dobson Mitchell andAllport)
| MR D.J. BUGG: | May it please the Court, I appear with my |
learned friend, MR A.G. MELICK, for the respondent.
(instructed by the Director of Public Prosecutions)
| MASON CJ: | Mr Kable. |
MR KABLE: | May it please the Court, I have the appropriate number of copies of an outline of submissions for the Court and for my friend. |
| MASON CJ: | Thank you. | Mr Kable, when the Court of Criminal |
Appeal delivered judgment was it pointed out to
the court that it had failed to resolve the
arguments presented by the appellant which, if
accepted, would have resulted in directing a
verdict of acquittal?
| MR KABLE: | No, Your Honour,it was not. |
| MASON CJ: | Well, why was not the point raised? |
MR KABLE: | Your Honour, I was not present at that time. happened with the case, to outline the chronology, | What |
| was that the court had been asked to adjudicate | ||
| upon the matter as early as possible. After two days of the hearing of the appeal in September |
the court adjourned the appeal to a date in October,
being a date when the appeals are not normally
determined in Tasmania. It was necessary for
there to be a change of counsel; counsel changed;
other counsel argued the matter on the resumed
hearing; that counsel took judgment. I am not in a position to point out to the Court why there
was no reference made to the court as to that
matter.
the1 argument of the court where the court was ! There are certainly many references throughout asked to adjudicate on the grounds that are
referred to in the submissions and in particular
where the court was urged to make an ultimate
order which was an acquittal. As I understand it the Crown in this matter will suggest that
counsel who had carriage of the matter on the
resumed hearing encouraged - is the word as I
understand it from discussions with the Director
of Public Prosecutions - the court to resolvethe matter on what I might describe as the HOCH
ground.
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| Jones |
| MR KABLE (continuing): | I have extracted a number of |
pages of transcript of argument before the
Court of Criminal Appeal where the court
was specifically asked to substitute an
acquittal in consequence of two findings
that the court was urged to make, the firstof which was that the disputed evidence was
not admissible as similar fact…
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- AGLC
- Jones v The Queen [1989] HCATrans 8
- Case
- [1989] HCATrans 8
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the High Court was whether the Court of Criminal Appeal had adequately discharged its responsibility to adjudicate upon the arguments put forward by the appellant. Specifically, the applicant argued that the Court of Criminal Appeal was urged to make findings that the disputed evidence was inadmissible as similar fact evidence, and that even if admissible, it did not constitute corroboration, thereby necessitating an acquittal.
The applicant's counsel submitted that the Court of Criminal Appeal was repeatedly asked to make adjudications that would result in an acquittal. He explained that while he was not present at the time of the original hearing, the case involved a change of counsel and a resumed hearing. Counsel for the applicant argued that the Court of Criminal Appeal had made an order without addressing these specific arguments, and that the only recourse was an application to the High Court, drawing parallels to cases such as *Fowler* and *King*. The Chief Justice noted that the initial remedy should have been an application to the Court of Criminal Appeal itself to address the alleged oversight.
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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