Handlen v. The Queen
Paddison v. The Queen
Lower Court Judgment
23/12/2010 Supreme Court of Queensland (Court of Appeal)
Constitutional law — Trial by jury — Section 668E(1A) of Criminal Code (Q) ("proviso") allows court to dismiss appeal where points raised by appellant might be decided in appellant's favour if court considers no substantial miscarriage of justice has occurred — Applicants found guilty by jury of drug offences in contravention of Criminal Code (Cth) ("Code") — Court of Appeal found case put to jury "in terms alien to the forms of criminal responsibility" recognised by Code and applicants only criminally responsible as aiders under s 11.2 of Code — Court of Appeal applied proviso — Whether failure to put case against applicants to jury on correct basis of criminal liability a substantial miscarriage of justice — Whether s 80 of Commonwealth Constitution precluded application of proviso.
Criminal law — Appeal and new trial — Miscarriage of justice —Whether failure to put case against applicants to jury on correct basis of criminal liability a substantial miscarriage of justice — Whether s 80 of Commonwealth Constitution precluded application of proviso.
Words and phrases — "substantial miscarriage of justice".
13/05/2011 Hearing (SLA, Canberra by v/link to Brisbane)
27/05/2011 Notice of appeal
27/05/2011 Notice of constitutional matter (Appellant)
15/06/2011 Written submissions (Paddision)
15/06/2011 Chronology (Paddison)
16/06/2011 Written submissions (Handlen)
16/06/2011 Chronology (Handlen)
01/07/2011 Written submissions (Handlen - Respondent)
01/07/2011 Written submissions (Paddison - Respondent)
25/07/2011 Written submissions (Attorney-General of the Commonwealth intervening)
25/07/2011 Written submissions (Attorney-General for Victoria intervening)
25/07/2011 Written submissions (Attorney-General of Queensland intervening)
26/07/2011 Written submissions (Attorney-General for New South Wales intervening)
03/08/2011 Reply (Joint for Handlen and Paddison)
06/09/2011 Hearing (Full Court, Canberra)