Sinanovic v The Queen

[1998] HCA 40
Judgment date
Case number
S175/1995
Before
Kirby J
Catchwords

Practice and procedure - High Court - Applications for leave of a Justice to issue process - Motion to set aside decision refusing special leave to appeal - Motion by prisoner without legal representation - Wife permitted to speak on prisoner's behalf - Prisoner claims difficulties in Court of Criminal Appeal and High Court by reason of being unrepresented, non English speaking and illiterate - Provision made for supply by Crown of trial transcript - Motion refused as having no prospect of success.

International law - Human rights - Right to equality before courts - International Covenant on Civil and Political Rights, Art 14.1 - Whether breached by failure to provide legal representation to illiterate prisoner with difficulties of communication - Decision that no substance in ground of appeal - Relevance of unincorporated international law for Australian domestic law - Motion to re-open special leave hearing refused.

Criminal law - Appeal - Legal representation - Whether right to legal counsel at public expense - Prisoner claims severe difficulties of communication - Whether proceedings should have been adjourned - Applicability to appeals against conviction of Dietrich v The Queen (1992) 177 CLR 292.

High Court Rules, O 58 r 4(3).