William John Kamm v State of New South Wales

[2017] HCASL 128

WILLIAM JOHN KAMM

v

STATE OF NEW SOUTH WALES

[2017] HCASL 128
S90/2017

1. The applicant seeks an order under s 40 of the Judiciary Act 1903 (Cth) removing into this Court part of an application for leave to appeal pending in the Court of Appeal of New South Wales. The application for leave to appeal sought to be removed concerns the validity of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). In this regard, the applicant seeks to contend that the Act offends the principles identified in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; [1996] HCA 24.

2. We are not satisfied that sufficient cause has been shown to warrant the removal of this issue into this Court. 

3. The issue sought to be removed to this Court was not agitated before the primary judge.  It was raised by the applicant as an issue in the proposed appeal for the first time only after the application for leave to appeal had been pending for more than a year.

4. To accede to the application would fragment the appellate process and would deny this Court the benefit of the consideration by the Court of Appeal of the issue sought to be removed.

5. Pursuant to r 26.07.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application for removal with costs.

S.J. Gageler
11 May 2017 P.A. Keane