Monies v The Queen & Anor; Droudis v The Queen

[2013] HCATrans 38

[2013] HCATrans 038

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney   No S172 of 2012

B e t w e e n -

MAN HARON MONIS

Appellant

and

THE QUEEN

First Respondent

THE ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES

Second Respondent

Office of the Registry
  Sydney   No S179 of 2012

B e t w e e n -

AMIRAH DROUDIS

Appellant

and

THE QUEEN

First Respondent

ATTORNEY‑GENERAL FOR THE STATE OF NEW SOUTH WALES

Second Respondent

FRENCH CJ
HAYNE J
HEYDON J
CRENNAN J
KIEFEL J
BELL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 27 FEBRUARY 2013, AT 10.01 AM

Copyright in the High Court of Australia

____________________

FRENCH CJ:   These appeals were heard in Canberra on 3 and 4 October 2012 by a Court constituted by Justices Hayne, Heydon, Crennan, Kiefel, Bell and myself.  I would allow the appeals.  I publish my reasons.  Justice Hayne would allow the appeals.  I publish his Honour’s reasons.  Justice Heydon would allow the appeals.  I publish his Honour’s reasons.

BELL J:   Justices Crennan, Kiefel and I would dismiss the appeals.  I publish our joint reasons.

FRENCH CJ: Where the High Court is equally divided in opinion, section 23(2)(a) of the Judiciary Act 1903 (Cth) provides that the decision appealed from shall be affirmed. The order of the Court is: in matter No S172 of 2012, appeal dismissed; in matter No S179 of 2012, appeal dismissed. I publish those orders.

The Court will now adjourn until 2.15 on Tuesday, 5 March 2013.

AT 10.03 AM THE MATTERS WERE CONCLUDED