Monday, March 12, 2012

Grants of Special Leave to Appeal in the High Court

On Friday, 9 March 2012 the High Court heard applications for special leave in Sydney and in Melbourne.
Only one case received a grant of special leave.  This was in Likiardoloulos v R, an appeal from the Victorian Court of Appeal in Likiardoupulos v R [2010] VSCA 344.  This case will examine the elements of the offence of murder where the offender does not physically cause the death of the victim, but is alleged to be part of a “joint criminal enterprise” that result sin the victim’s death.  In particular, it will examine the issue of whether it is open to the Crown to argue that the offender “counselled or procured” others to commit murder, in circumstances where the Crown had accepted pleas of guilty to manslaughter by the principal offenders.
In one other case, Sweeney v Thornton, the application for special leave was referred to the full bench, to be argued in full as on appeal.  This is an appeal from the NSW Court of Appeal in Thornton v Sweeney [2011] NSWCA 244 which concerns the content of the duty of care owed by a voluntary supervisor (not an instructor) to a learner driver.  

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