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IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Sydney No S106 of 1990 B e t w e e n -
DAVID FERNANDO MEDINA
Applicant
and
THE QUEEN
Respondent
Application for special
leave to appeal
MASON CJ
DEANE J
DAWSON J
GAUDRON J
McHUGH J
| Medina | 1 | 12/3/91 |
TRANSCRIPT OF PROCEEDINGS
AT CANBERRA ON TUESDAY, 12 MARCH 1991, AT 10.16 AM
Copyright in the High Court of Australia
MR K.G. HORLER, QC: If the Court pleases, I appear for the applicant, Mr Medina; appearing with me my learned
friend, MR P. BYRNE. (instructed by Craddock
Murray & Neumann)
| MR M.S. WEINBERG, QC: | May it please the Court, I appear |
together with my learned friend, MR T.L. BUDDIN, on
behalf of the respondent. (instructed by theCommonwealth Director of Public Prosecutions)
MASON CJ: Yes, Mr Weinberg. Mr Horler.
| MR HORLER: | If the Court pleases, we have prepared an |
outline of the submissions that the applicant
relies upon. I hand up the appropriate copies if I may.
| MASON CJ: | Thank you. |
MR HORLER: While that is being done, could I inquire if
everyone has an affidavit that was filed by the
respondent with our consent sometime last week; it
being the affidavit of one John William Pritchard,
solicitor, employed in the office of the DPP?
| MASON CJ: | I do not, but - - - |
| MR HORLER: | Yes, we do, Your Honour, that is the purpose of |
making that inquiry.
| MASON CJ: | I think we are only one short. |
| MR HORLER: | Then I remedy that, Your Honour. |
MASON CJ: Thank you.
| MR HORLER: | Might I deal with a couple of preliminary matters before I come to speak briefly to our | |
| affidavit filed on behalf of the applicant by his | ||
| solicitor, Mr Gerard Craddock. That is in the | ||
| ||
| ask the Court please to go to page 107, being | ||
| page 2 of that affidavit. At paragraph 6, we set | ||
| ||
| error is to be found in 6(ii). It now reads: |
the Court erred in imposing sentence upon the
applicant -
and the word from the draft were omitted and I
apologize. The words should then follow after
"applicant" - these words: "without permitting theapplicant", otherwise it makes no sense at all.
So, that ground should read in full:
| Medina | 2 | 12/3/91 |
the Court erred in imposing sentence upon the
applicant -
with the addition of these words "without
permitting the applicant". And the respondent has been alerted to this. May I make that amendment.
The other matter is this: we are out of time;
we need the Court's leave. If the Court is minded
to give us that leave, I understand Mr Weinberg
does not oppose it.
| MASON CJ: | Yes. | You can proceed with your argument, |
Mr Horler.
| MR HORLER: | Thank you. | Your Honours, there is not a great |
deal that I wish…
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- AGLC
- Medina v The Queen [1991] HCATrans 70
- Case
- [1991] HCATrans 70
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the High Court was whether the Court of Criminal Appeal erred in imposing sentence upon the applicant. This issue arose from a typographical error in the applicant's grounds of appeal, which the applicant sought leave to amend to include the words "without permitting the applicant" to clarify the nature of the alleged error. The applicant also sought leave to appeal out of time.
The applicant's counsel explained that Mr Medina had pleaded guilty in the New South Wales District Court and was sentenced on 14 December 1989. The Director of Public Prosecutions subsequently appealed this sentence, and the Court of Criminal Appeal handed down its decision on 28 May 1990. The sentence imposed by the Court of Criminal Appeal was a minimum term of 18 months with an additional term of six months, totalling two years. The applicant would become eligible for parole on or about 27 November of that year. The applicant's submissions focused on the details of the chronology and the grounds of appeal, with an affidavit from a solicitor employed by the Director of Public Prosecutions being filed by consent to address matters of concern to the applicant.
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
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Ratio Decidendi
Legal Principle Established
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