Xerri v The King

This matter concerned an application by the respondent, the Crown, to reopen proceedings in the High Court of Australia. The Crown sought leave to draw the Court’s attention to a provision of the *Crimes Act 1900* (NSW), specifically section 431A, which had been overlooked by all parties and courts in the prior proceedings. The appellant, Mr. Xerri, did not oppose this application.

The legal issue before the Court was whether exceptional circumstances existed to justify reopening the appeal, which had already been heard and judgment reserved, to consider the potential relevance of section 431A of the *Crimes Act*. The Crown argued that its duty as a model litigant required it to bring this provision to the Court's attention, despite it not advancing the Crown's case, for the good administration of the criminal law in New South Wales.

The Court reasoned that exceptional circumstances were present, citing the potential relevance of section 431A to the appeal, the need for the Court to be fully informed of all applicable laws, the Crown's candid disclosure of a provision not favouring its own interests, and the limited nature of the reopening sought. The Court applied the principles from *Re Culleton* (2017) 91 ALJR 302, which require exceptional circumstances to justify reopening proceedings in the High Court. The Court ordered that the proceedings be reopened to allow the filing of supplementary submissions by the respondent concerning section 431A.