SL v The Queen [2005] HCATrans 423 (17 June 2005)

--

SL v The Queen [2005] HCATrans 423 (17 June 2005)

Last Updated: 30 June 2005

[2005] HCATrans 423

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S505 of 2004

B e t w e e n -

SL

Applicant

and

THE QUEEN

Respondent

Application for special leave to appeal

GLEESON CJ
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 17 JUNE 2005, AT 11.24 AM

Copyright in the High Court of Australia

MR A.W. STREET, SC: May it please the Court, I appear for the applicant with my learned friend, MR G.D. WENDLER. (instructed by David Leamey)

MR G.E. SMITH, SC: If it please the Court, I appear for the respondent. (instructed by Solicitor for Public Prosecutions (New South Wales))

GLEESON CJ: Yes, Mr Smith.

MR SMITH: There is a preliminary matter that I would seek to raise.

GLEESON CJ: Yes.

MR SMITH: That is to do with section 291 - - -

GLEESON CJ: What is it that you ask us to do?

MR SMITH: We draw it to your attention. We submit that the proceeding requires that any proceedings for an offence under section 78A be held in camera. We submit that that would extend to the High Court, although we have no authority that says so. The only similar case I have been able to find was Saffron, which was a 5A matter.

GLEESON CJ: What do you say about this, Mr Street?

MR STREET: Your Honour, I agree with my learned friend for this reason. When one looks at section 79, this is a matter of procedure.....the Judiciary Act and section 291 does purport to require a closed court in respect of a section 78A offence.

GLEESON CJ: Well, it seems to us that what you say may be right or what you say may not be right, but this would be an inappropriate occasion for us to enter upon an examination of the detail of the matter, so that since you both join in asking us to deal with the matter in camera, that is what we will do, without prejudice, as it were.

MR STREET: I understand that, your Honour.

GLEESON CJ: So we will order that this matter be heard in camera and ask people other than the parties and their legal representatives to leave the Court for the time being.

THE HEARING PROCEEDED IN CAMERA

GLEESON CJ: We do not need to hear you, Mr Smith.

The decision of the Court of Criminal Appeal in this matter turned upon a finding of fact. We are not persuaded that the case gives rise to an issue of law suitable to a grant of special leave to appeal, nor are we persuaded that the interests of justice require a grant of special leave to appeal in the circumstances. The application is dismissed.

We will adjourn for a short time to reconstitute.

AT 11.38 AM THE MATTER WAS CONCLUDED