The Director of Public Prosecutions v Benjamin Roder (a pseudonym)

[2023] HCATrans 179

[2023] HCATrans 179

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M85 of 2023

B e t w e e n -

THE DIRECTOR OF PUBLIC PROSECUTIONS

Applicant

and

BENJAMIN RODER (A PSEUDONYM)

Respondent

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA AND BY VIDEO CONNECTION

ON THURSDAY, 7 DECEMBER 2023, AT 9.01 AM

Copyright in the High Court of Australia

HER HONOUR:   In accordance with the protocol for remote hearings, I will announce the appearances for the parties.

MS R.J. ORR, KC, Solicitor‑General for the State of Victoria, appears with MS S.C. CLANCY and MR M.Q.T. NGUYEN for the applicant.  (instructed by Office of Public Prosecutions (Vic))

MR T. KASSIMATIS, KC appears with MR C.K. WAREHAM for the respondent.  (instructed by Dribbin & Brown Criminal Lawyers)

HER HONOUR:   Subject to hearing from both of you, my present inclination is to refer the special leave application to be heard by the Full Court as if on appeal in the March sittings of the Full Court for next year.  To that end, I have had circulated to the parties proposed directions that would enable that application to be listed for hearing in those sittings.  Ms Solicitor, what is your position in relation to the application and what I proposed?

MS ORR:   Thank you, your Honour.  We are content for the Court’s proposed orders to be made, and we are grateful to the Court for the expedition that has been afforded to this matter in response to our application.

HER HONOUR:   Thank you.  Mr Kassimatis, what is your position?

MR KASSIMATIS:   Yes, we have nothing to add to that, your Honour.

HER HONOUR:   Can I ask you, Mr Kassimatis, are the proposed direction suitable to you?  

MR KASSIMATIS:   Yes, they are.

HER HONOUR:   Ms Orr, really, it puts the obligation on you more than anybody.  Are those proposed directions suitable for you?

MS ORR:   Yes, they are.  Thank you, your Honour.

HER HONOUR:   I should say to you, given the Christmas and January break, that there is nothing, of course, preventing you from filing your materials before the break, if that would assist you and your team, given that everyone needs a break, and I know everyone does.

MS ORR:   We may, in fact, be in a position to do just that, your Honour.  We will see how we go.  But we are content with the orders either way.

HER HONOUR:   Thank you very much.  What I propose to do, then, is to make the directions in the terms which will circulate to the parties, which I will place on file, and I will then also direct that the application for special leave be heard by the Full Court as if on appeal in the March sittings of the Full Court in March 2024.  Can I thank both of you for making yourselves available at short notice.

Adjourn the Court, please, to 10.00 am.

AT 9.04 AM THE MATTER WAS ADJOURNED