Reci v The Queen

[2001] HCATrans 36

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A28 of 2000

B e t w e e n -

GEZIM RECI

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

McHUGH J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 16 FEBRUARY 2001, AT 2.15 PM

Copyright in the High Court of Australia

McHUGH J:   In this matter, the applicant does not propose to put oral submissions before the Court.  The Court is, accordingly, in a position to give judgment.

We have studied the papers in the matter.  There is nothing in them that would justify the grant of special leave to appeal. 

The applicant has sought to put before us evidence that his medical condition has declined since his appeal was heard by the Court of Criminal Appeal but, according to a long course of authority in this Court, that evidence would not be receivable in an appeal, were special leave granted.  We would only say that it is a matter for the Executive Government to determine whether or not his apparently declining condition would require his release from prison at a time before he would be eligible for parole.

AT 2.17 PM THE MATTER WAS CONCLUDED