High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
ANTHONY JOHN BROWNLEE APPLICANT
AND
THE QUEEN RESPONDENT
Brownlee v The Queen
[2001] HCA 36
21 June 2001
S82/1998
ORDER
1. Application for special leave to appeal granted.
2. Appeal treated as instituted and heard instanter and dismissed.
On appeal from the Supreme Court of New South Wales
Representation:
A W Street SC with G D Wendler for the applicant (instructed by Galloways)
P S Hastings QC with R J Bromwich for the respondent (instructed by Commonwealth Director of Public Prosecutions)
Interveners:
D M J Bennett QC, Solicitor-General of the Commonwealth with C Traill and J S Stellios, intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)
D Graham QC, Solicitor-General for the State of Victoria with R M Doyle intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)
R J Meadows QC, Solicitor-General for the State of Western Australia with J C Pritchard intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for Western Australia)
B M Selway QC, Solicitor-General for the State of South Australia with C D Bleby intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor for South Australia)
M G Sexton SC, Solicitor-General for the State of New South Wales with K M Guilfoyle intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for New South Wales)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Brownlee v The Queen
Constitutional law – Trial by jury – State law permitting reduction during trial of number of jurors – State law permitting separation of jurors after jurors retire to consider verdict – Whether trial "by jury" within meaning of s 80 of Constitution.
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