S v The Queen

[2001] HCATrans 176

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S189 of 2000

B e t w e e n -

“S”

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 1 JUNE, 2001, AT 2.18 PM

Copyright in the High Court of Australia

MR R.D. ELLIS:   I appear for the respondent, your Honour.  (instructed by S.E. O’Connor, Solicitor for Public Prosecutions (New South Wales))

GAUDRON J:   In this matter the applicant is unrepresented and in custody.  We need not trouble you, Mr Ellis.

The applicant, who is unrepresented and in custody, seeks an extension of time and the grant of special leave to appeal from a decision of the Court of Criminal Appeal of New South Wales.  That court allowed a sentence appeal by the Director of Public Prosecutions and increased the applicant’s sentence.  We have read the applicant’s submissions and note the hardship which he now suffers and will continue to suffer in consequence of his assistance to the police.  This notwithstanding, this Court can only deal with legal principle and, in this regard, no error of principle is to be detected in the judgment of the Court of Criminal Appeal.

Accordingly, although time is extended, the application for special leave must be refused.

It should also be noted that at the request of the applicant’s wife a sealed envelope was today handed to the Deputy Registrar, apparently containing information that was available to the Court of Criminal Appeal and to the sentencing judge.  Because this Court can only act on the basis that there is demonstrated an error of legal principle, that material is irrelevant and it may be returned in its sealed envelope to whomsoever delivered it to the Deputy Registrar this morning.

AT 2.20 PM THE MATTER WAS CONCLUDED