P. Mickelberg v The Queen; R. Mickelberg v The Queen

These proceedings concern applications for leave to appeal against convictions by Peter Mickelberg and Raymond Mickelberg. The applicants were convicted in 1983 of offences related to the unlawful obtaining of gold from the Western Australian mint. Their brother, Brian Mickelberg, had his appeal against conviction allowed by the Western Australian Court of Criminal Appeal, but Peter and Raymond's convictions were upheld by that court. The High Court of Australia heard these applications for leave to appeal.

The primary legal issues before the High Court involved the admissibility and significance of fingerprint evidence, which formed a fundamental part of the Crown's case against Raymond Mickelberg. The applicants also sought to introduce evidence that had become apparent and was conceded by the Crown since the decision of the Court of Criminal Appeal. Additionally, there were minor inaccuracies identified in the appeal book concerning the description of an exhibit and the nature of the sentences imposed.

The applicants' submissions, particularly concerning Raymond, focused on the fingerprint evidence. They contended that this evidence was crucial to their convictions. The applicants sought leave to present new evidence, acknowledged by the Crown as significant, which had emerged after the Western Australian Court of Criminal Appeal had made its determination. This new evidence was argued to be material to the fairness of the convictions.