Phillips v The Queen

[2005] HCATrans 994

[2005] HCATrans 994

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B58 of 2005

B e t w e e n -

DANIEL CRIS PHILLIPS

Appellant

and

THE QUEEN

Respondent

Pronouncement of orders

GLEESON CJ
GUMMOW J
KIRBY J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON FRIDAY, 9 DECEMBER 2005, AT 10.05 AM

Copyright in the High Court of Australia

GLEESON CJ:   This appeal was heard in Canberra on 11 November 2005 by a Court constituted by Justices Gummow, Kirby, Hayne, Heydon and myself.  On 11 November 2005 the Court reserved its decision.  At least a majority of the Court is agreed that the appeal should be allowed.  The Court will now make the following orders.  The reasons of the Court will be published at a future date.  The orders of the Court are:

1.        Appeal allowed;

2.        Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 24 September 2004 and in place thereof order that:

(a)      the appeal to that court be allowed;

(b)      the convictions in respect of counts 2, 4, 5, 6, 7 and 8 of the indictment are quashed, and

(c)      there be retrials conducted separately on each of the following counts:

(i)     count 2 for rape,

(ii)     count 4 for rape,

(iii)    count 5 for unlawful carnal knowledge,

(iv)    count 6 for unlawful carnal knowledge and count 7 for rape, and

(v)     count 8 for assault with intent to rape.

I publish those orders.

AT 10.07 AM THE MATTER WAS CONCLUDED