R v Elliott

Case [1996] HCA 21


HIGH COURT OF AUSTRALIA

BRENNAN CJ, GUMMOW AND KIRBY JJ

Matter No M42 of 1996

(1996) 185 CLR 250

21 June 1996

High Court—Application for special leave to appeal—Appeal by prosecution from interlocutory decision in a criminal trial—National Crime Authority Act 1984 (Cth), ss 13(1), 25, 28, 30; Crimes Act 1958 (Vic), s 391A, 450A; Supreme Court Act 1986 (Vic), s 14(3); Constitution, s 73.

Headnote


Hearing


BRISBANE
#DATE 21:6:1996, BRISBANE



Matter No M42 of 1996 Counsel for the Applicant : D.F. Jackson QC/W.B. Zichy-Woinarski QC
S.J. Odgers (Applicants in each matter)



Solicitor for the Applicant: P Wood, Solicitor to the Director of
Public Prosecutions (Victoria)



Counsel for the First : R Richter QC/J D Hammond (for
Respondent Mr. Elliott) the first respondent
in the first matter.



Solicitors for the First : Barker Gosling
Respondent


Counsel for the second : J C Walker QC/J G Judd (for Mr Scanion)
Respondent the second respondent in the first
matter



Solicitors for the Second : Arnold Bloch Leibler
Respondent


Counsel for the Third : R A Finkelstein QC/D O'Doherty (for
Respondent Mr. Biggins) the third respondent
in the first matter



Solicitors for the Third : Phillips Fox
Respondent


Counsel for the Fourth : N J Clelland (for Mr Camm) the
Respondent fourth respondent in the the first
matter



Solicitors for the Fourth : Coadys
Respondent


Matter No M43 of 1996 Counsel for the Applicant : D.F. Jackson QC/W.B. Zichy-Woinarski QC
S.J. Odgers (Applicants in each matter)



Solicitor for the Applicant: P Wood, Solicitor to the Director of
Public Prosecutions (Victoria)



Counsel for the First : T M Forrest (for Mr Woods) the first
Respondent respondent in the second matter


Solicitors for the First : Galbally and O'Bryan
Respondent


Counsel for the Second : M T Rush (for Mr Psaltis) the second
Respondent respondent in the second matter


Solicitors for the Second : Newbury Bell
Respondent


D M J Bennett QC/A Southall (for the National Crime Authority) intervening, instructed by National Crime Authority.
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

Orders


1. Application for special leave dismissed.
2. The applicant pay the respondents' costs in this Court.

Decision


BRENNAN CJ, GUMMOW AND KIRBY JJ. The applicant seeks special leave to appeal from a ruling by Vincent J in the Supreme Court of Victoria before the impanelling of the jury in a criminal trial. This procedure is provided for by s 391A of the Crimes Act 1958 (Vic) which reads:
"Where an accused person is arraigned on indictment or presentment
before the Supreme Court or the County Court the Court before which the arraignment takes place, if the Court thinks fit, may before the impanelling of a jury for the trial hear and determine any question with respect to the trial of the accused person which the Court considers necessary to ensure that the trial will be conducted fairly and expeditiously and the hearing and determination of any such…

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Details
AGLC
R v Elliott [1996] HCA 21
Case
[1996] HCA 21
Decision Date

CaseChat Overview and Summary

The High Court considered an application for special leave to appeal by the prosecution against an interlocutory decision made during a criminal trial. The appeal concerned the interpretation and application of provisions within the *National Crime Authority Act 1984* (Cth) and the *Crimes Act 1958* (Vic), as well as the scope of the High Court's appellate jurisdiction under section 73 of the *Constitution*.

The central legal issues before the High Court were whether the Supreme Court of Victoria had erred in its interlocutory ruling regarding the admissibility of certain evidence, and consequently, whether special leave to appeal should be granted to the prosecution to review that decision. This involved determining the proper construction of sections 13(1), 25, 28, and 30 of the *National Crime Authority Act 1984* (Cth) in the context of a Victorian criminal trial, and the interplay of these provisions with sections 391A and 450A of the *Crimes Act 1958* (Vic) and section 14(3) of the *Supreme Court Act 1986* (Vic).

The High Court's reasoning focused on the criteria for granting special leave to appeal, particularly in interlocutory criminal matters. It considered whether the issues raised were of sufficient public importance or involved a question of law that, if decided in favour of the applicant, might affect the outcome of the trial. The Court examined the statutory framework governing the National Crime Authority and its interaction with state criminal procedure, as well as the limitations on appeals from interlocutory decisions under section 73 of the *Constitution*.

Special leave to appeal was refused.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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