Sorby v The Queen

This matter came before the High Court of Australia on an application for special leave to appeal by Darryl Leigh Sorby against a decision of the Court of Criminal Appeal of Victoria. The applicant sought to appeal his conviction and sentence, which had been affirmed by the Victorian Court of Criminal Appeal on 13 July 1984. The Director of Public Prosecutions (Victoria) was the respondent.

The central legal issue before the High Court was whether the applicant had been denied due process of law. The applicant's argument, which had not been raised before the Court of Criminal Appeal, relied on the provisions of the Imperial Acts Application Act 1980 (Vic). This Act incorporated certain English statutes, specifically 28 Edward III, ch III and 42 Edward III, ch III. The applicant contended that these statutes provided a fundamental right for citizens to be dealt with by due process of law, and that a denial of this right rendered a conviction and subsequent appeal dismissal void.

The applicant's counsel submitted that the denial of due process related to the treatment of the applicant from the time of his arrest until the commencement of proceedings, as detailed in specific paragraphs of his affidavit. The Court, however, expressed reservations about considering an argument not previously put to the lower appellate court, noting that it was generally entitled to the benefit of the lower courts' consideration of such points. Despite this, the applicant argued for the significance of the legal issue, asserting it warranted the High Court's attention in this instance. The Court indicated that the resolution of the application would depend on the statements made by the applicant regarding the alleged denial of due process.