Singh v The Queen [2020] HCA 25

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

HAROLD JAMES SINGH APPELLANT

AND

THE QUEEN RESPONDENT

Singh v The Queen [2020] HCA 25 Date of Hearing: 17 March 2020 Date of Judgment: 5 August 2020 D16/2019

ORDER

Special leave to appeal is revoked.

On appeal from the Supreme Court of the Northern Territory

Representation

I L Read SC with A E Abayasekara for the appellant (instructed by Northern Territory Legal Aid Commission)

D J Morters SC with N M Loudon for the respondent (instructed by Director of Public Prosecutions (NT))

North Australian Aboriginal Justice Agency appearing as amicus curiae, limited to its written submissions

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Singh v The Queen

Appeals – Criminal appeal – Death of appellant – Where appellant died after appeal heard – Where appellant sought order quashing conviction and ordering retrial – Whether possible to make order sought – Whether other order appropriate.

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ. Since this matter was heard, Mr Singh has passed away. It is no longer possible to make the order sought by him, that is, an order quashing his conviction and ordering a retrial. No other order is appropriate. Accordingly the Court revokes special leave to appeal.