RPS v The Queen

[1998] HCATrans 273

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S102 of 1997

B e t w e e n -

RPS

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J
McHUGH J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 7 AUGUST 1998, AT 3.25 PM

Copyright in the High Court of Australia

GAUDRON J:   In this matter the applicant is content to rely on his written submissions.  I take the position remains the same with the respondent, does it?

MR BLACKMORE:   Yes, your Honour.

GAUDRON J:   We should indicate that we have read those submissions and we are of the view that special leave should be granted.  It should be noted, however, that leave is granted strictly on the basis of the draft notice of appeal.  That is subject, however, to this qualification:  there may be some insufficiency in that document in so far as it does not assign a consequence to the proposition that the verdicts are inconsistent.

Subject to that, however, it is to be noted that in all cases leave is granted strictly on the basis of the grounds set out in the draft notice of appeal.  An appellant will be allowed to raise other grounds only in most exceptional circumstances.

You appear for the respondent.

MR BLACKMORE:   I appear for the respondent, yes, your Honour.

GAUDRON J:   We would ask you to communicate what we have said to the applicant.

McHUGH J:   Who is in custody, I take it.

MR BLACKMORE:   He is, yes.

GAUDRON J:   And his legal representatives.

MR BLACKMORE:   Yes.

GAUDRON J:   And you might communicate what we have said, of general application, to the DPP because people straying beyond their draft grounds of appeal has become something of a problem in recent times.

MR BLACKMORE:   Yes.  Thank you, your Honour.

GAUDRON J:   The Court will now adjourn to reconstitute.

AT 3.27 PM THE MATTER WAS CONCLUDED