Maxwell v The Queen

[2002] HCATrans 242

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S236 of 2001

B e t w e e n -

BRIAN WILLIAM MAXWELL

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 21 JUNE 2002, AT 3.29 PM

Copyright in the High Court of Australia

MR R.D. ELLIS:   If the Court pleases, I appear for the respondent.  (instructed by the S.E. O’Connor, Solicitor for Public Prosecutions (New South Wales)

McHUGH J:   Perhaps the matter could be called outside the Court.  The applicant is in custody.

MS WHALEN:   Excuse me, your Honour, Brian Maxwell is not here.  He filled out the papers wrong and he was not allowed to be here today.

McHUGH J:   Yes.  Well, it is very unlikely that he would be allowed to come in any event but thank you very much for that.

In this matter, the Court is to deal with the matter on the papers and we are now in a position to give judgment in the matter.

We have considered the written submissions of the applicant including the letter addressed to the High Court dated 28 May 2002, and also the submissions of the respondent.

The applicant seeks special leave to appeal against the orders of the New South Wales Court of Criminal Appeal on the ground that that court erred in rejecting his case that his conviction for murder at a trial before Justice Grove was unsafe and unsatisfactory.  The applicant had elected to be tried by judge alone.  The matter has a complex history which was narrated by Justice Simpson who gave the judgment in the Court of Criminal Appeal.  Justice Simpson carefully examined the judgment of Justice Grove and, bearing in mind all that the applicant has put in his submissions to this Court, we detect no error in the disposition of the appeal by the Court of Criminal Appeal.  Accordingly, special leave is refused.

Thank you.  Adjourn the Court.

AT 3.32 PM THE MATTER WAS CONCLUDED