Copeland v The Queen A37/2000 [2001] HCATrans 393 (21 August 2001)

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Adelaide No A37 of 2000

B e t w e e n -

PETER DAVID COPELAND

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GUMMOW J

KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 21 AUGUST 2001, AT 2.38 PM

Copyright in the High Court of Australia

GUMMOW J: This application has been dealt with on the papers, there being no oral submissions. Insofar as the applicant, Peter David Copeland, seeks to adduce evidence in the appeal in support of his challenge to his conviction for murder, that endeavour is futile having regard to the authority of this Court. We refer to Mickelberg v The Queen [1989] HCA 35; (1989) 167 CLR 259 and Eastman v The Queen [2000] HCA 29; (2000) 74 ALJR 915.

Insofar as the applicant rested his application on the record of the South Australian courts, this Court is not convinced that any error of principle is demonstrated by any of his arguments warranting the grant of special leave to appeal. The appellant's defences to the charge of murder were litigated at trial and, as the Court of Criminal Appeal of South Australia correctly found, adequately explained to the jury, which found him guilty of murder. Nor are we convinced that a miscarriage of justice has occurred requiring the intervention of this Court.

Having regard to the lapse of time, the applicant would need an extension of time to present the present application. We would grant the extension of time but the application for special leave to appeal is refused.

We will now adjourn until Tuesday, 4 September at 10.15 in Canberra.

AT 2.40 PM THE MATTER WAS CONCLUDED