Monday, February 18, 2013

Grants of Special Leave to Appeal in the High Court of Australia

On Friday, 15 February 2013 the High Court granted special leave to appeal in two cases, and allowed the appeal instanter in a third.
Agius v The Queen is an appeal against a decision of the NSW Court of Criminal Appeal which raises the question of whether a charge properly lies in respect of a conspiracy to defraud where the agreement underlying the alleged conspiracy was formed prior to the commencement of the offence provision, but the agreement was given effect to after that commencement.
Lee v NSW Crime Commission is an appeal from the NSW Court of Appeal in which the Court made orders for the compulsory examination of the appellant under the Criminal Assets Recovery Act 1990 (NSW) notwithstanding that there were pending criminal charges against the appellant to which the answers given during the examination might be relevant.
In a third case, Dunrobin v The Queen, an appeal from the Court of Appeal in Queensland, the High Court granted special leave to appeal, treated the appeal as having been instituted and heard instanter, and allowed the appeal.  Following a concession by the Crown that the Court of Appeal had erred, the High Court entered a verdict of acquittal in relation to one count and remitted the remainder of the counts to the Court of Appeal for re-determination.

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