Mihailovic v The Queen

This matter concerns an application for special leave to appeal to the High Court of Australia by the applicant, Mihailovic, against the respondent, The Queen. The dispute arose from the circumstances surrounding the indictment and arraignment of Mihailovic and seven other co-accused, all initially charged with murder. Following a plea of guilty to manslaughter by one defendant, the remaining seven were committed for trial on the lesser charge of manslaughter. Subsequently, four of these seven were indicted and arraigned on an indictment for manslaughter, with three pleading guilty and one pleading not guilty.

The central legal issue before the High Court was whether the process leading to Mihailovic's indictment and arraignment constituted unfairness. Specifically, the applicant argued that he was not afforded an opportunity to plead guilty to the committal charge of manslaughter, and that he and his representatives were unaware that other co-accused were being indicted and arraigned on the manslaughter charge on the day it occurred.

The Court considered the applicant's submission that the Crown had not provided Mihailovic with an explicit opportunity to plead guilty to the committal charge. While the Crown had sent a draft indictment for manslaughter to the remaining seven accused, the applicant contended that this constituted an implicit offer, and that he and his representatives were unaware of the impending indictment and arraignment of four co-accused. The applicant's legal aid was also granted late, impacting his ability to respond promptly. The Court noted that it was open to the Crown to have directly inquired about Mihailovic's intentions regarding a plea to manslaughter.