Reardon v The Queen

[2007] HCATrans 236

[2007] HCATrans 236

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S314 of 2006

B e t w e e n -

MICHAEL LEONARD REARDON

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 24 MAY 2007 AT 9.20 AM

Copyright in the High Court of Australia

HAYNE J:   On 11 May 1999, the applicant was found guilty in the District Court of New South Wales of conspiring to import a commercial quantity of cocaine into Australia.  He appealed to the Court of Criminal Appeal of the Supreme Court of New South Wales against his conviction and against his sentence.  On 4 June 2002, that Court dismissed the applicant's appeal against conviction, allowed the appeal against sentence and re‑sentenced him.  After the orders of the Court of Criminal Appeal had been perfected, the applicant applied to reopen the appeal against conviction.  He alleged that the prosecution had not disclosed some documents at or before his trial that should have been disclosed.  The applicant had not previously made this allegation.

The Court of Criminal Appeal (Hodgson JA, Simpson and Barr JJ) dismissed the application to reopen the appeal.  The Court held that in the circumstances it had no jurisdiction to reopen the appeal but that, in any event, failure to disclose the documents upon which the applicant now sought to rely had not brought about any miscarriage of justice.

The applicant is unrepresented and does not seek to present oral argument. His application falls to be dealt with under r 41.10 of the High Court Rules 2004. It is made well out of time.

We are not persuaded that the conclusions of the Court of Criminal Appeal are attended by doubt.  In those circumstances this is not a suitable case in which to consider the jurisdictional questions that were decided by the Court of Criminal Appeal.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.22 AM THE MATTER WAS CONCLUDED