Audio-visual recordings of Full Court hearings heard in Canberra
Case: AB (A PSEUDONYM) & ANOR V INDEPENDENT BROAD-BASED
Date: 07 December 2023
Transcript: Hearing
AV time: 3h 15m
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Dayney v. The King
Case No.
B69/2023
Case Information
Lower Court Judgment
6/04/2023 Supreme Court of Queensland (Court of Appeal) (Mullins P; Dalton JA; Boddice J)
Catchwords
Criminal law – Appeal against conviction – Self-defence against provoked assault – Criminal Code (Qld), s 272 – Where appellant involved in violent altercation resulting in death of another individual – Where appellant convicted of murder – Where appellant successfully appealed conviction – Where s 272 of Criminal Code (Qld) affords defence of self-defence against provoked assault – Where majority in first appeal held final clause of s 272(2) ousts protection afforded by s 271(1) only where force used in self-defence results in death or grievous bodily harm – Where minority held final clause of s 272(2) applies to modify effect of first two clauses in s 272(2) – Where jury in retrial directed in accordance with majority’s interpretation of s 272 and appellant convicted of murder – Where appellant appeals second time on ground minority’s interpretation of s 272(2) in first appeal is correct and decision of majority plainly wrong – Whether Court of Appeal erred in holding final clause of s 272(2) constitutes standalone exception to protection afforded by self-defence against provoked assault – Proper meaning of “before such necessity arose”.
Documents*
21/11/2023 Hearing (SLA, Canberra)
05/12/2023 Notice of appeal
23/01/2024 Written submissions (Appellant)
23/01/2024 Chronology (Appellant)
20/02/2024 Written submissions (Respondent)
12/03/2024 Reply
19/04/2024 Hearing (Full Court, Canberra)
19/04/2024 Outline of oral argument (Appellant)
19/04/2024 Outline of oral argument (Respondent)
The Director of Public Prosecutions v. Benjamin Roder (a pseudonym)
Case No.
Case no M85/2023
Case Information
Lower Court Judgment
31/10/2023 Supreme Court of Victoria (Court of Appeal) (Priest, Niall & Taylor JJA)
Catchwords
Evidence – Tendency evidence – Standard of proof – Where respondent is to be tried in County Court of Victoria on indictment charging him with 27 sexual offences against two sons of his former domestic partner – Where prosecution gave notice of intention to adduce tendency evidence that respondent had tendency to have improper sexual interest in stepchildren and tendency to act in particular ways towards them – Where trial judge ruled jury should be directed that "the charged acts must be proved beyond reasonable doubt" before they could be used as tendency evidence – Where Court of Appeal refused leave to appeal from trial judge's decision – Whether Court of Appeal erred in upholding interlocutory decision of County Court of Victoria on basis that where charged act relied upon as evidence to prove tendency, jury should be directed that charged act must be proved beyond reasonable doubt before it can be so used – Whether such direction prohibited by s 61 of Jury Directions Act 2015 (Vic).
Documents*
28/11/2023 Application for special leave to appeal
07/12/2023 Hearing (Gordon J, Canberra by remote connection)
22/01/2024 Written submissions (Applicant)
22/01/2024 Chronology (Applicant)
14/02/2024 Written submissions (Respondent)
26/02/2024 Reply
13/03/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
13/03/2024 Outline of oral argument (Applicant)
13/03/2024 Outline of oral argument (Respondent)
17/04/2024 Judgment (Judgment summary)
Cook (A Pseudonym) v. The King
Case No.
S158/2023
Case Information
Lower Court Judgment
15/12/2022 Supreme Court of New South Wales (Court of Criminal Appeal) (Beech-Jones CJ at CL; Adamson J; Bellew J)
Catchwords
Evidence – Admissibility of evidence about complainant’s sexual experience or activity – Temporal limitations – Where appellant convicted of sexual offences against child – Where issue arose prior to trial regarding admissibility of evidence relating to complainant’s complaint of sexual assault by another member of her family – Where common ground evidence of other offences probative and appellant sought to adduce the evidence in their defence – Where s 293 of Criminal Procedure Act 1986 (NSW) provides evidence of sexual experience inadmissible subject to exceptions – Where trial judge ruled evidence of other offences inadmissible in appellant’s trial – Whether Court of Criminal Appeal erred in constructing s 293(4) – Whether Court erred in holding permissible to mislead jury by cross-examination in order to attempt to counteract unfairness occasioned by exclusion of s 293 evidence – Whether Court erred in ordering appellant be retried – Whether Court erred in refusing to stay proceedings.
Documents*
21/11/2023 Hearing (SLA, Canberra)
05/12/2023 Notice of appeal
30/01/2024 Written submissions (Appellant)
25/01/2024 Chronology (Appellant)
20/02/2024 Written submissions (Respondent)
12/03/2024 Reply
18/04/2024 Redacted written submissions (Appellant)
15/05/2024 Hearing (Full Court, Canberra)
*The due dates shown for documents on this page are indicative only.
HBSY Pty Ltd ACN 151 894 049 v. Lewis & Anor
Case No.
Case no S106/2023
Case Information
Catchwords
Courts – Jurisdiction – Cross-vesting – State court invested with federal jurisdiction – Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 7(3), 7(5) – Where dispute arose in respect of first defendant’s late aunt’s estate – Where first defendant’s brother director of Lewis Securities Ltd – Where estate’s largest asset money owing to it by Sir Moses Montefiore Jewish Home (“Montefiore sum”) – Where brother deposited Montefiore Sum with Lewis Securities – Where Lewis Securities entered liquidation and Montefiore sum lost – Where brother liable to estate and declared bankrupt – Where plaintiff purchased various assets from trustee in bankruptcy including interest in residue of estate – Where brother discharged from bankruptcy – Where plaintiff sought orders in Supreme Court revoking letters of administration granted to first defendant, or alternatively order that he be replaced as trustee – Where first defendant cross-claimed seeking declarations that plaintiff not entitled to be paid brother’s share of estate – Where plaintiff unsuccessful at first-instance – Where on 27 July 2022, plaintiff filed and served notice of intention to appeal to New South Wales Court of Appeal – Where on 31 August 2022, plaintiff’s legal advisers came to view appeal would concern matter arising under Bankruptcy Act 1966 (Cth) and would therefore have to be brought in Full Federal Court – Where plaintiff sought extension of time to appeal from judgment of Supreme Court of New South Wales to Full Court of Federal Court of Australia – Where Full Court held s 7(5) of Cross-Vesting Act did not apply and suggested plaintiff may wish to revive process it had commenced in Court of Appeal – Where plaintiff seeks writ of mandamus requiring Full Court to determine substantive appeal – Whether Full Court has jurisdiction to hear appeal – Proper construction of s 7(5) of Cross-Vesting Act.
Documents*
30/08/2023 Application for Constitutional Writ
22/11/2023 Hearing (Single Justice, Canberra by video-connection)
12/12/2023 Order referring matter to the Full Court (Single Justice, 22/11/2023)
08/02/2024 Written submissions (Plaintiff)
08/02/2024 Chronology (Plaintiff)
22/02/2024 Written submissions (Attorney-General of the Commonwealth (intervening))
07/03/2024 Written submissions (First Defendant)
28/03/2024 Reply
09/05/2024 Hearing (Full Court, Canberra)
*The due dates shown for documents on this page are indicative only.