High Court of Australia
ORIGINAL =... IN THE HIGH COURT OF AUSTRALIA ».
REASONS FOR JUDGMENT
ORIGINAL
'OralJudgment delivered at__Sydney. i on__Monday, 26th November.1962
WM Houston, Gort. Print, Melb,
Fi
TSACALOS
ve
THE QUEEN
JUDGMENT OF THE COURT DELIVERED BY DIXON C.J.
CORAM: DIXON C.J. McTIBRNAN J. Q Je
SOULOS
ve
THE QUEEN
TSACALOS
ve
THE QUEEN
This is an application for special leave to appeal from the judgment or order of the Supreme Court of New South Wales sitting as a court of criminal appeal. I treat the two motions as one in saying "this is an application" because the indictment was against two persons and they were both convicted; they both appealed to the Supreme Court and they were both dealt with in that Court by the same judgment. It is true that
separate notices of motion to this Court were given by each of then.
We do not propose to deal with the case as one requiring either a detailed examination of evidence or discussion of any legal proposition, because we think that within the principles on which special leave to appeal is granted or refused this is certainly a case in which special leave should be refused.
We do not entertain any real doubt about the substantial justice of the convictions or of the manner in which they were dealt with in the Full Court of the Supreme Court where they received very full consideration.
As to the ground taken, that evidence was admitted as ostensibly bearing on the motive of the accused which related to transactions that considered alone would have a prejudicial effect against some of the accused, we think we ought not to treat that as a ground for intervening. There was ample evidence of motive, quite apart from those transactions, and for that reason it may be wrong to describe the admission of
these additional matters as simply piling Pelion on Ossa because,
when they were all added together, they would not have the weight of Pelion. But even if the evidence of these transactions were strictly inadmissible, and we are not prepared to say it was,
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