Lloyd v The Queen

This matter came before the High Court of Australia on an application for special leave to appeal by Mr A.J. Lloyd against a conviction. The respondent, The Queen, was represented by counsel. Mr Lloyd sought and was granted leave to represent himself.

The central legal issue before the Court was whether special leave to appeal should be granted, and if so, what orders should follow. The Crown indicated its concession that special leave should be granted and that the appeal should succeed, proposing the same orders as in a related case, *Edwards v Reg*. These orders involved quashing the conviction and ordering a retrial. Mr Lloyd, however, argued that the Court should exercise its discretion against ordering a retrial, seeking an acquittal instead.

The Court considered the discretion it possessed to either direct an acquittal or order a new trial upon allowing an appeal. Mr Lloyd contended that his circumstances were distinguishable from those in *Edwards v Reg*, particularly as he had served a period of imprisonment, a penalty he argued could not be expunged by a retrial. He also raised concerns about the seriousness of the alleged offence, the potential length, complexity, and expense of a retrial, and the direct and indirect penalties he had already suffered. The Crown's position, as foreshadowed, was to concede the appeal and seek orders for a retrial, aligning with the outcome in *Edwards v Reg*.