Fleming v The Queen S59/1998 [1998] HCATrans 364 (9 October 1998)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S59 of 1998

B e t w e e n -

MARK FLEMING

Appellant

and

THE QUEEN

Respondent

Pronouncement of Order

GLEESON CJ

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 9 OCTOBER 1998, AT 9.32 AM

Copyright in the High Court of Australia

GLEESON CJ: This case was heard in Canberra on 4 September 1998 by a Court constituted by Justices McHugh, Gummow, Kirby, Callinan and myself. The Court is now in a position to publish its order but will reserve the publication of its reasons for a future date.

The order of the Court is:

Appeal allowed;

Set aside the order of the Court of Criminal Appeal of New South Wales. In lieu thereof order that the appeal to that Court be allowed, the convictions be quashed and there be a new trial on all counts on which the appellant was convicted.

I publish the Court's order.

AT 9.33 AM THE MATTER WAS CONCLUDED