Radford v The Queen

[1997] HCATrans 339

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A57 of 1996

B e t w e e n -

ROGER GORDON RADFORD

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J
McHUGH J
GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON FRIDAY, 14 NOVEMBER 1997, AT 9.31 AM

Copyright in the High Court of Australia

GAUDRON J:   In this matter, neither the applicant nor the respondent wishes to supplement the written summary of argument with oral submissions.

We have considered the written submissions, including the applicant’s letter to Deputy Registrar Rosemary Musolino of 25 October 1997.  The applicant seeks special leave to appeal from a decision of the Full Court of the Supreme Court of South Australia delivered in December 1986.  The Court is content to proceed on the basis that it should consider the application on its merits.  The application raises a number of issues, the most important of which raises the question whether, in the applicant’s trial for murder, the jury was properly instructed with respect to the elements of that offence and also whether it was properly instructed with respect to non-insane automatism and provocation.  On these matters, we see no reason to doubt the correctness of the decision of the Full Court.  So far as concerns the other matters raised with respect to the conduct of the trial, we are satisfied that they did not occasion any miscarriage of justice. 

The applicant also seeks special leave to appeal with respect to the failure of his appeal against sentence.  In particular, he questions the sentencing principles that were applied in relation to a person at risk of dying to the expiry of a non-parole period.  On this issue we are satisfied that the sentencing judge was bound to take into account the possibility that the applicant might be a danger to his former wife.  For these reasons, there will be an extension of time, but the application for special leave is dismissed.

AT 9.33 AM THE MATTER WAS CONCLUDED