Clarke v The Queen C2/2000 [2000] HCATrans 259 (26 May 2000)

IN THE HIGH COURT OF AUSTRALIA

Registry No C2 of 2000

B e t w e e n -

PETER SURYA CLARKE

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GAUDRON J

KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 26 MAY 2000, AT 2.48 PM

Copyright in the High Court of Australia

GAUDRON J: In this matter, the Deputy Registrar certifies that she has been advised by both the applicant and the respondent that they do not seek to supplement their written submissions with oral argument. Accordingly, there will be no appearance at the hearing of this application by either party.

We have read the submissions of both parties. We note that the applicant seeks special leave to appeal from a decision of the Full Court of the Federal Court of Australia refusing bail pending the hearing of his appeal against conviction in the Supreme Court of the Australian Capital Territory for armed robbery and assault occasioning actual bodily harm. Quite apart from the fact that the applicant's appeal has now been heard and that, to that extent, the application is moot, the proposed appeal does not enjoy sufficient prospects of success to warrant the grant of special leave. Accordingly, special leave is refused.

Call the next application.

AT 2.49 PM THE MATTER WAS CONCLUDED