Sharp v The Queen

[2005] HCATrans 861

[2005] HCATrans 861

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M74 of 2005

B e t w e e n -

PETER ALLAN SHARP

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 20 OCTOBER 2005, AT 11.00 AM

Copyright in the High Court of Australia

McHUGH J:   The applicant was convicted by a jury in the Supreme Court of Victoria, on 13 August 2002, of the murder of Steven Wilks.  He was sentenced to 20 years imprisonment.  Justice Coldrey, the sentencing judge, fixed a period of 15 years before the applicant became eligible for parole.

The Court of Appeal of the Supreme Court of Victoria refused to grant the applicant leave to appeal against his conviction.  The applicant argued that “[a]n aggregate of errors caused the trial to miscarry.”  The Court rejected this submission because it held that there was no substance to the contentions that the trial judge erred in failing to discharge the jury after discharging a juror and in his directions to the jury concerning the evidence of Mr Coulson and Mr Murphy and concerning the trial judge’s instruction as to the absence of evidence that Mr Coulson murdered Mr Wilks.

The applicant’s special leave application complained that the Court of Appeal erred in failing to conclude that the trial miscarried, because the trial judge erred in:

1. his directions to the jury;

1. failing to discharge the balance of the jury once that trial judge had discharged one of the jurors; and

1. failing to give adequate warnings in relation to the evidence of Mr Coulson and Mr Murphy.

There is no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal would have no prospects of success.

The application is dismissed.

Under the power conferred by r 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 11.01 AM THE MATTER WAS CONCLUDED