Mokbel v The Queen and Anor

Link copied
Case Copied 39 min read

[2013] HCATrans 321

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne       No M64 of 2013

B e t w e e n -

ANTONIOS SAJIH MOKBEL

Applicant

and

THE QUEEN

First Respondent

ATTORNEY‑GENERAL OF THE COMMONWEALTH

Second Respondent

Office of the Registry
  Melbourne  No M90 of 2013

B e t w e e n -

ANTONIOS SAJIH MOKBEL

Applicant

and

THE QUEEN

First Respondent

ATTORNEY‑GENERAL OF THE COMMONWEALTH

Second Respondent

Applications for special leave to appeal

CRENNAN J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 13 DECEMBER 2013, AT 10.33 AM

Copyright in the High Court of Australia

____________________

MR R. MERKEL, QC:   If the Court pleases, in the first matter I appear with my learned friends, MR P.J. DOYLE and MS E. LEVINE, for the applicant.  In the second matter I appear with my learned friends, MR M.J. GUMBLETON and MR P.J. DOYLE, your Honour.  (instructed by Stephen Andrianakis & Associates)

MR T. GYORFFY, SC:   If it please the Court, I appear with my learned friend, MS F.L. DALZIEL, for the first respondent, the State of Victoria.  While I am on my feet, could I ask the indulgence of the Court to change the order of presentation for the respondents so that the learned Solicitor‑General goes first and also while I am on my feet, I ask that Ms Dalziel be delivering the arguments on behalf of the State of Victoria on sentencing.  (instructed by Office of Public Prosecutions (Vic))

CRENNAN J:   Yes, thank you, Mr Gyorffy.

MR J.T. GLEESON, SC, Solicitor‑General of the Commonwealth:   May it please the Court, I appear with MR G.A. HILL for the Attorney‑General for the Commonwealth in the first matter.  (instructed by Ashurst Australia)

CRENNAN J:   Yes, Mr Merkel.

MR MERKEL:   Is the Court hearing both matters together and I will do both convictions and ‑ ‑ ‑

CRENNAN J:   Well, have you sorted out the order?  It may be convenient to hear from you in relation to both matters, Mr Merkel.

MR MERKEL:   If your Honour pleases.  Can I first deal with the sentencing appeal, your Honours, and go straight to application book pages 62 to 63 which set out Article 34 and rule 39 which are central to the case that is being put by the applicant.  At the bottom of page 62, the undertaking of the contracting parties, which we say is infringed in the present case, is:

not to hinder in any way the effective exercise of this right –

of the person claiming to be the victim of a violation of the Convention to bring an application to the court.  Rule 39 is set out at the top of page 63.  That allows for special measures but on a far wider basis than just an infringement of Article 34 but critically this case is about the hindrance of the effective exercise of the applicant’s right to protection of the two violations in his application, being the…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Mokbel v The Queen and Anor and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2013] HCATrans 321
Decision Date

CaseChat Overview and Summary

In *Mokbel v The Queen and Anor*, the applicants, Tony Mokbel and others, sought leave to appeal against their convictions for various drug trafficking offences. The primary dispute concerned the admissibility of evidence obtained through covert surveillance operations conducted by the Australian Federal Police. The applicants contended that this evidence was unlawfully obtained and should have been excluded by the trial judge. The matter was heard by the Full Court of the Supreme Court of Victoria.

The central legal issue before the Court was whether the evidence derived from the covert surveillance operations, specifically telephone intercepts and listening devices, was admissible in the criminal proceedings. This involved determining whether the authorisations for these surveillance operations were validly made under the relevant Commonwealth legislation, namely the *Crimes Act 1914* (Cth) and the *Telecommunications (Interception and Access) Act 1979* (Cth). The applicants argued that the authorisations were defective, rendering the subsequent evidence inadmissible.

The Court examined the statutory requirements for authorising such surveillance, focusing on the necessity for the issuing officer to be satisfied of certain conditions before granting an authorisation. It considered the principles of statutory interpretation in relation to the powers conferred by these Acts and the safeguards intended to protect individual privacy. The Court ultimately found that the authorisations in question were validly made, and therefore the evidence obtained was admissible. The reasoning involved a detailed analysis of the evidence before the issuing officers and the scope of their discretion under the relevant legislative provisions.

Leave to appeal was refused.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.