Postiglione v The Queen (Ss63-98) SLA

[1999] HCATrans 132

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S63 of 1998

B e t w e e n -

MARIO POSTIGLIONE

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GUMMOW J
HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 14 MAY 1999, AT 3.16 AM

Copyright in the High Court of Australia

GUMMOW J:   The Court holds a copy of a communication to the Registrar indicating that the applicant for special leave relies upon his written submissions.  The applicant seeks special leave to appeal against orders of the Court of Criminal Appeal of New South Wales made 4 December 1997 re-sentencing him for offences of conspiracy to import drugs.  The re-sentencing was required by orders of this Court which set aside earlier orders of the Court of Criminal Appeal, dismissing the applicant’s appeal against sentences imposed in respect of the offences, and which remitted the matter to the Court of Criminal Appeal to take such steps as it could to give effect to this Court’s decision.  The judgement of this Court is reported as Postiglione v The Queen (1997) 189 CLR 295.

The present application is to be dealt with on the basis, as I have indicated, of the written arguments that have been filed.  The essence of the applicant’s complaint is that in re-sentencing him the Court of Criminal Appeal did not give proper effect to what this Court had held.  We are not persuaded that the applicant’s prospects of demonstrating his complaints are well founded or that there has been a miscarriage of justice are sufficient to warrant a grant of special leave.  That being so, his application is refused.

The Court will adjourn until the June sittings in Canberra at 10.15 am on Tuesday, 15 June.

AT 3.18 PM THE MATTER WAS CONCLUDED