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| IN THE HIGH COURT OF AUSTRALIA | • |
| Office of the Registry |
Sydney No Sl04 of 1992 B e t w e e n -
LESLIE WILLIAM JONES
Applicant
and
THE QUEEN
Respondent
Office of the Registry
Sydney No Sl05 of 1992 B e t w e e n -
RAYMOND FREDERICK WEBSTER
Applicant
and
THE QUEEN
| Jones.L | 1 | 11/2/93 |
Respondent
Applications for special leave
to appeal
BRENNAN J
DEANE J
McHUGH J
TRANSCRIPT OF PROCEEDINGS
AT SYDNEY ON THURSDAY, 11 FEBRUARY 1993, AT 9.30 AM
Copyright in the High Court of Australia
| MR P.J.HIDDEN, QC: | May it please the Court, I appear with |
my learned friend, MR S.J. ODGERS, for the applicant, Jones. (instructed by Horowitz & Bilinsky)
| MR R.O. BLANCH, QC: | May it please the Court, I appear with |
my learned friend, MR T.R. HOYLE, for the Crown.
(instructed by S.E. O'Connor, Solicitor for Public
Prosecutions (New South Wales))
| MR R.C. BROADHEAD: | May it please the Court, I appear for |
the applicant, Webster. (instructed by Caldecott &
Williams)
BRENNAN J: Yes, Mr Hidden?
| MR HIDDEN: | If the Court pleases. Your Honours, this is an |
application for special leave to appeal from a
decision of the New South Wales Court of Criminal Appeal, dismissing the applicant's appeal against
his conviction on a charge of, in effect,
conspiracy to bribe. Your Honours, the evidence against the applicant, and indeed against the
co-applicant Webster, consisted entirely of
intercepted telephone conversations, and they are
set out, or at least the relevant parts are set out,
verbatim, Your Honours, in the summing up
commencing at page 20 of the application book.
It may be necessary to take Your Honours to
some of the detail of that evidence. The Court of Criminal Appeal itself summarized the effect of the
conversations, to some extent, we would
respectfully submit, wrongly in the application
book at pages 55 to 57. May we take it that Your Honours have some familiarity with the
evidentiary material.
| BRENNAN J: Yes, the appeal book has been read. |
MR HIDDEN: Yes, thank you, Your Honours. Your Honours, the
charge was that this applicant, the co-applicant
Webster and a man called Hakim conspired to pay to
Webster, and that Webster should receive corruptly,moneys to induce him to deflect him, in effect,
from the discharge of the duties of his office.
Now, Your Honours, the major problem which was
agitated in the appeal related to the learned trial
judge's directions on law as to the elements of the
offence, together with the question of whether
there was evidence to go to the jury and if so,
whether the verdict could be said to be unsafe and
unsatisfactory. And really the whole argument turned upon what inferences could properly be drawn
from the intercepted telephone conversations.
| Jones.L | 2 | 11/2/93 |
If I could say this in a preliminary way,
Your Honours, our primary submission is, as it was
in the Court of Criminal Appeal, that from the
intercepted telephone conversations no inference
can…
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- Case
- [1993] HCATrans 18
- Decision Date
CaseChat Overview and Summary
The central legal issues before the High Court concerned the sufficiency of the evidence to support the convictions, particularly whether inferences of guilt could be properly drawn from the intercepted conversations. This involved questions as to the elements of the conspiracy to bribe offence and whether the trial judge's directions on these elements were adequate. The applicants also argued that the verdicts were unsafe and unsatisfactory, contending that the intercepted conversations only suggested possibilities rather than establishing guilt with any certainty.
The applicants' primary submission was that the intercepted telephone conversations did not permit any confident inference of conspiracy to bribe. They argued that any secrecy or guarded language in the conversations could be explained by reasons other than corrupt intent, such as payments made to prevent illegal actions by a police officer. The Court considered whether payments made in secrecy to a police officer, even if guarded in tone, necessarily indicated bribery, or if alternative explanations were reasonably available.
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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