R v Giri (No 2)

The case of R v Giri (No 2) involved the appellant, who was appealing against a decision, and the Crown, which was defending the original decision. The appellant argued that procedural fairness and natural justice were denied in the handling of the appeal process, particularly regarding the timing of the judgment delivery and the consideration of a proviso under the Criminal Appeal Act 1912 (NSW). The Court of Appeal was required to determine whether the appellant's solicitors were appropriately notified of the judgment delivery time and whether the appellant was given an opportunity to respond to the Crown’s Supplementary Submissions. Additionally, the court had to consider if the appellant was denied natural justice by not being informed that the court would consider the proviso under the Act.

The court held that the Registry's action in notifying the appellant’s solicitors of the judgment delivery date was appropriate and that it was not necessary for counsel to be specifically informed. Regarding the appellant’s written submissions, the court found that the appellant had ample time to file a response to the Crown’s Supplementary Submissions and that the failure to seek leave for filing these submissions was venial. The court also concluded that the appellant was not denied natural justice by the court's consideration of the proviso, as the appellant had not expressed any intention to file written submissions on this issue. The court emphasized the seriousness of the appellant's claim regarding natural justice but found that the appellant had not been prejudiced by the court's actions.

In conclusion, the Court of Appeal dismissed the appellant’s arguments, finding no procedural unfairness or denial of natural justice in the handling of the appeal. The court upheld the original decision, and no further submissions were considered on the proviso. The final orders of the court were to maintain the original judgment and deny the appellant's application for reconsideration on the grounds of procedural fairness and natural justice.