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IN THE HIGH COURT OF AUSTRALIA
Office of the Registry
Perth No P4 of 1990 B e t w e e n -
CHARLES VELLA
Applicant
and
THE QUEEN
Respondent
Application for special
leave to appeal
MASON CJ
BRENNAN J
DAWSON J
TOOHEY J
McHUGH J
TRANSCRIPT OF PROCEEDINGS
AT PERTH ON TUESDAY, 23 OCTOBER 1990, AT 3.27 PM
Copyright in the High Court of Australia
| Vella | 1 | 23/10/90 |
MR A.D. FENBURY: If Your Honours please, I appear for the
applicant in this matter. (instructed by Lawton Gillon)
MR K.H. PARKER, QC, Solicitor-General for the State of
Western Australia: If it please the Court, I
appear with my learned friend, MS M.A. YEATS, on
behalf of the respondent. (instructed by the State Crown Solicitor)
| MASON CJ: | Mr Fenbury. |
| MR FENBURY: | If Your Honours please, the applicant was |
convicted in October 1989 of four counts of
offences of a dishonest kind. Three of those were
stealing offences and one was one of improperconduct contrary to a provision of the Companies
Code. The applicant sought leave to appeal to the Court of Criminal Appeal in January of this year
and was granted leave and the conviction in
relation to the fourth count being one of improper
conduct was quashed.
| MASON CJ: | Yes. | Do you have an outline of submissions? |
| MR FENBURY: | I do not have an outline of submissions, |
Your Honour, no. I was not aware that one was required in an application.
MASON CJ: Normally, it is not in the case of an application
for special leave but, of course, under the current
procedure the Court hears the application forspecial leave and concurrently hears the appeal,
against the possibility that special leave will be
granted.
| MR FENBURY: | Yes, I - |
MASON CJ: Very well, if you would proceed with your
argument.
MR FENBURY: | The application for leave to appeal in respect of the convictions for stealing was dismissed. | The |
applicant is an accountant and - - -
| MASON CJ: | We are familiar with the circumstances and we |
have read the judgments under appeal.
| MR FENBURY: | Thank you, Your Honour. | I will then refer |
particularly to the judgment of His Honour the
Chief Justice in this matter. There were no
admissions of guilt made by the applicant in or out
of court and the Crown case, basically, relied on
inferences to show fraudulent intent and the intent
of the applicant was really the only issue in the
case. There was no dispute by him that he hadtaken the moneys concerned in respect of each of
| Vella | 2 | 23/10/90 |
the three convictions but, in relation to two of
them, he maintained that he had a right to takethose moneys and, in relation to the third, he
maintained that he had taken them following a
mistake.
Thus, Your Honours, the issue at the trial was
whether the applicant had an intent to defraud when he took the moneys or, as was put by the prosecutor at the…
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- AGLC
- Vella v The Queen [1990] HCATrans 249
- Case
- [1990] HCATrans 249
- Decision Date
CaseChat Overview and Summary
The central legal issue before the High Court was whether the applicant had received a fair trial, specifically concerning the conduct of the Crown prosecutor. The applicant contended that the prosecutor's cross-examination of him and final address to the jury contained conduct calculated to unfairly prejudice the jury against him, thereby preventing a fair trial. The applicant argued that this conduct was not isolated or accidental but repeated and deliberate, amounting to a substantial blemish on the trial process.
The applicant's defence at trial was that he had an honest belief that he was entitled to the moneys he took, or that he had taken them following a specific arrangement. Consequently, the sole issue for the jury was whether the applicant possessed the requisite intent to defraud. The applicant's credibility was paramount to this determination, as he had no prior convictions and the Crown case relied heavily on inferences to establish fraudulent intent. The applicant submitted that the prosecutor's conduct undermined the jury's ability to impartially assess his credibility and the evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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