Smith v The Queen S234/2000 [2001] HCATrans 383 (16 August 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney Nos S233 and S234 of 2000

B e t w e e n -

MUNDARRA DOOLAN SMITH

Appellant

and

THE QUEEN

Respondent

Publication of Reasons

GAUDRON J

GUMMOW J

KIRBY J

HAYNE J

TRANSCRIPT OF PROCEEDINGS

AT ADELAIDE ON THURSDAY, 16 AUGUST 2001, AT 10.14 AM

Copyright in the High Court of Australia

GAUDRON J: This case was heard in Canberra on 25 May 2001 by a Court constituted by the Chief Justice and Justices Gummow, Kirby, Hayne and myself.

On 21 June 2001, the Court made orders setting aside the order of the Court of Criminal Appeal and in place directing that there be a new trial of the appellant. I now publish the joint reasons of the Chief Justice, Justices Gummow, Hayne and myself for joining in those orders.

KIRBY J: And I publish my reasons for joining the orders.

AT 10.15 AM THE MATTER WAS CONCLUDED