Van Der Meer & Ors v The Queen

Case

[1988] HCATrans 53


Details
AGLC Case Decision Date
Van Der Meer & Ors v The Queen [1988] HCATrans 53 [1988] HCATrans 53

CaseChat Overview and Summary

The High Court of Australia heard an application for special leave to appeal by Saul Eerick Storhannus, represented by Mr K. Murray, QC, and his learned friends. The respondent was represented by Mr P.G. Nase and Mr D. Bullock. The applicant sought an extension of time to prosecute the appeal, citing significant delays in the proceedings.

The primary legal issue before the Court was whether to grant special leave to appeal, which necessitated considering the applicant's request for an extension of time. The applicant's counsel argued that the case involved important and substantial matters concerning the administration of criminal justice in Australia, particularly in relation to the admissibility of a confession.

The Court was informed that the delay was attributable to various factors, including the geographical dispersion of the applicant's family, the involvement of multiple solicitors across different locations, and the general difficulty in coordinating the preparation of the appeal. Counsel for the applicant contended that the confession material in question demonstrated a deliberate disregard for established police procedures and legal safeguards designed to prevent unconscionable pressure on individuals in custody, referencing principles laid down in *Williams' case*. The Court acknowledged the concern regarding the considerable lapse of time in cases of this nature, particularly when a new trial might be contemplated.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Charge

  • Sentencing

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

R v Lee [1950] HCA 25
Williams v The Queen [1986] HCA 88
R v MMJ [2006] VSCA 226