Leahy v Barnes

Leahy applied to the court for a statutory order of review to set aside a decision of the respondent, the State Coroner, that he be committed to stand trial on a charge of unlawful killing. The court was required to determine whether the decision of the Coroner involved an improper exercise of power, whether there was a breach of the rules of natural justice, and whether there were other grounds for setting aside the decision.

The court found that the Coroner had exercised his power in an improper manner by taking into account irrelevant considerations such as the applicant’s morality and criminal history. The court held that the Coroner failed to take into account relevant considerations such as whether there was a discretion to commit the applicant for trial and whether the evidence was capable of dispelling any rational hypotheses consistent with the applicant’s innocence. The court also found that the Coroner breached the rules of natural justice by failing to disclose an association with an expert witness and by failing to adequately communicate with the applicant about the coronial inquest. The court held that these circumstances had the consequence that a fair minded, properly informed member of the public might reasonably apprehend the Coroner did not bring an impartial mind to bear upon the evidence and his decision.

The court set aside the decision of the Coroner to commit the applicant for trial and ordered that the parties be heard as to costs.

This case highlights the importance of ensuring that decision-makers exercise their powers in a proper manner and adhere to the rules of natural justice. It also underscores the need for decision-makers to take into account relevant considerations and to avoid taking into account irrelevant considerations. Finally, it emphasises the importance of transparency and communication in decision-making processes.