Millard v The King

The High Court of Australia considered an application for special leave to appeal in a criminal matter between the applicant, Millard, and the respondent, the King. The dispute concerned a point of law that had not been raised or argued in the court below.

The central legal issue before the High Court was whether special leave to appeal should be granted in a criminal case where the ground of appeal relied upon was a point not taken at trial. The Court was required to determine the circumstances under which it would entertain such a ground, particularly in the context of criminal appeals.

The Court's reasoning focused on the principles governing special leave applications. It was held that while the High Court has a broad discretion to grant special leave, it is generally reluctant to allow appeals on points not taken in the lower courts, especially in criminal matters. This reluctance stems from the need for a fair trial and the opportunity for the trial court to address any alleged errors. The Court indicated that exceptional circumstances would be required to depart from this general rule, such as a clear miscarriage of justice that could not have been rectified at trial.

Special leave to appeal was refused.