McKenzie v The Queen

[1998] HCATrans 357

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S138 of 1997

B e t w e e n -

LESLIE COLIN McKENZIE

Applicant

and

THE QUEEN

Respondent

Application for adjournment

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 9 OCTOBER 1998, AT 12.18 PM

Copyright in the High Court of Australia

MR G.D. WENDLER:   If the Court pleases, I appear for the applicant.  (instructed by Peter Ash & Associates)

MR G.S. HOSKING, SC:   I appear for the respondent.  (instructed by S.E. O’Connor, Director of Public Prosecutions (New South Wales))

KIRBY J:   We were told this is an application for an adjournment in light of the order that was made this morning.

MR WENDLER:   That is right, your Honour.

GUMMOW J:   Yes.  Do you oppose that application, Mr Hosking?

MR HOSKING:   Yes, I oppose it, your Honours.  May I quickly tell your Honours why?

GUMMOW J:   Yes.

MR HOSKING:   Your Honours, I was not in Fleming in Canberra, as your Honours know, but I understand that your Honours are likely to deal with this element point in relation to judges specifying elements in the course of deciding Fleming.

KIRBY J:   Why is not the applicant entitled to have the assistance and why are we not entitled to have the assistance of the application being focused on the reasons which the Court gives when it publishes them in Fleming which will mean that we have an application for special leave focused on what the Court has said judges, when sitting alone in criminal trials, have to do?

GUMMOW J:   Now, it may have not as much good news for Mr Wendler as he hopes.  It may have more news in it for you than you expect, but we will have to see.

MR HOSKING:   Yes.

KIRBY J:   And the debate would be better focused at that time than it would be today.

MR HOSKING:   Yes, I see the force of that, your Honour.

KIRBY J:   And fairer to the applicant who, after all, is in custody.

GUMMOW J:   Now, it is to be expected that the reasons will be coming down fairly soon.  I think we can both say that.  And this would stand over until the November sittings, would it not, in Sydney?

MR HOSKING:   If your Honours please.

GUMMOW J:   Is that suitable, Mr Wendler?

MR WENDLER:   Yes, it is, your Honour.

GUMMOW J:   All right.  The matter of McKenzie v The Queen will stand over to the next special leave day in Sydney in November.

AT 12.20 PM THE MATTER WAS ADJOURNED