IN| THE HIGH COURT OF AUSTRALIA REASONS FOR JUDGMENT ORAL judgment delivered at..... OM sD eDa Yes ARE RAO A AK ADL soe M,72/20193 Comment ly Hy. Of hecuseD — VAAE CESS AR) Ley tmMmOdeeaTE LANGUAGE ~ Poses qauity Ger To Heme o Comments. , feel iS = | THE QUEEN Application for special leave to appeal refused. BROWN ve THE_QUEEN TUDGMENT BARWICK C.J. ORAL BROWN Ve THE QUEEN In my opinion, this is not a case for the grant of special leave. The sugested ground of appeal is that the trial miscarried because the trial judge, in giving his reasons for ruling on the voir dire that a confessional statement was admissible as voluntary, expressed his firm view as to the credibility of the accused as to matters of which the accused had given evidence before him. It is not suggested here that such reasons may not be given, that is to say the judge may not express himself in giving judgment on the voir dire. The objection is to what is claimed to be the unnecessarily immoderate language in which the judge expressed himself. It is said that there was at least a possibility that the jury would have heard of the judge's expression, the possibility against which it is submitted the trial judge ought to have taken the precaution of separating the jury from the public for the balance of what in the event proved to be a long trial. No request, however, was made at the time that this course be followed although the possibility of the judge's reasons being reported in the icocal community was in counsel's mind. What a judge should have or should not have said in giving his reasons on the voir dire in a criminal trial can only be decided in the circumstances of each case. No doubt the possibility that his reasons may reach the jury's eyes or ears in the circumstances of the trial and bearing in mind the public interest in it must be a factor in the jadge's choice of language in expressing himself and in his exercise of discretion as to what steps, if any, he may take to keep what he has said from the eyes or ears of the jury. " However, I see no reason myself in this case to. doubt the propriety of the Court of Appeal's refusal to regard the trial judge's expression as immoderate or as unnecessary in the circumstances, I might add that no attack is made before us on the summing up in which the question of the accused's eredibility in relation to the confession and the weight to be given to that confession were fairly left by the trial judge to the jury,nor is there any other aspect of the trial which is attacked. In my opinion, the application for special leave should be refused. STUART LLOYD BROWN Ve THE QUEEN JUDGMENT McTIERNAN J. CORAL) STUART LLOYD BROWN Ve THE QUEEN I think the application should be refused and I agree substantially with the Chief Justice in what he has said. : STUART LLOYD BROWN Ve THE QUEEN JUDGMENT GIBBS _J. (ORAL) STUART LLOYD BROWN Ve THE QUEEN I agree that the application should be refused for the reasons given by the Chief Justice. STUART LLOYD BROWN ve THE QUEEN DONGMENT STEPHEN J. (ORAL) STUART ELOY) BROWN THE QUEEN eee I too agree that the application should be refused and I so agree in the terms stated by the Chief Justice.