High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, GORDON, EDELMAN, STEWARD, GLEESON AND JAGOT JJ
Matter No A14/2022
BENJAMIN JOHN MITCHELL APPELLANT
AND
THE KING RESPONDENT
Matter No A15/2022
ALFRED CLAUDE RIGNEY APPELLANT
AND
THE KING RESPONDENT
Matter No A16/2022
AARON DONALD CARVER APPELLANT
AND
THE KING RESPONDENT
Matter No A17/2022
MATTHEW BERNARD TENHOOPEN APPLICANT
AND
THE KING RESPONDENT
Mitchell v The King
Rigney v The King
Carver v The King
Tenhoopen v The King
[2023] HCA 5
Date of Hearing: 6 December 2022
Date of Judgment: 8 March 2023
A14/2022, A15/2022, A16/2022 & A17/2022
ORDER
In Matter Nos A14, A15, and A16 of 2022:
1. Appeal allowed.
2. Order 2 of the orders of the Court of Appeal of the Supreme Court of South Australia, made on 10 August 2021, be set aside and in its place there be orders that:
(i) the appeal be allowed;
(ii) the conviction be quashed; and
(iii) there be a new trial.
In Matter No A17 of 2022:
1. Application for special leave to appeal granted.
2. Appeal allowed.
3. Order 2 of the orders of the Court of Appeal of the Supreme Court of South Australia, made on 10 August 2021, be set aside and in its place there be orders that:
(i) the appeal be allowed;
(ii) the conviction be quashed; and
(iii) there be a new trial.
On appeal from the Supreme Court of South Australia
Representation
T A Game SC with K G Handshin KC and K J Edwards (did not appear) for the appellant in A16/2022 (instructed by Access to Justice Law Firm)
A L Tokley KC with G N E Aitken for the appellant in A14/2022 (instructed by Noblet & Co)
S G Henchliffe KC with A J Culshaw for the appellant in A15/2022 (instructed by Barbaro Thilthorpe Lawyers)
S A McDonald SC with G Katsaras for the applicant in A17/2022 (instructed by Legal Services Commission of South Australia)
J P Pearce KC with R I Walker for the respondent in each matter (instructed by Office of the Director of Public Prosecutions (SA))
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