A-G (Cth) v Finch [No 2] [1984] HCA 40

High Court of Australia Gibbs C.J. Mason, Murphy, Wilson, Brennan, Deane and Dawson JJ. A-G (Cth) v Finch [No 2] [1984] HCA 40

ORDER Motion refused. Action dismissed.

Cur. adv. vult.

The following written judgments were delivered:—

June 28 Gibbs C.J., Mason, Wilson and Dawson JJ.

In this action the plaintiffs claim a declaration that the defendant is precluded from seeking special leave to appeal to Her Majesty in Council in accordance with a petition filed on behalf of the defendant on 14 May 1984. They also seek an injunction restraining the defendant from proceeding further with the petition.

It is necessary to set out shortly the history of the litigation of which this present application forms part. The defendant was convicted of murder on 22 October 1973, having been arraigned in the Supreme Court of Queensland on 10 September 1973. He appealed to the Court of Criminal Appeal of Queensland which dismissed the appeal on 9 August 1974. Special leave to appeal to this Court from the Court of Criminal Appeal was refused on 29 November 1974.

On 11 September 1978 the defendant sought further leave to appeal against his conviction from the Court of Criminal Appeal upon the basis that one of the principal witnesses called by the Crown at his trial had retracted evidence which he had given. The application was refused on 20 October 1978. The defendant sought special leave to appeal to this Court against that refusal and special leave was refused on 26 June 1981.

By a petition filed on 23 June 1983, the defendant sought special leave to appeal to the Privy Council against the decision of this Court given on 26 June 1981. Upon the application of the Commonwealth, this Court, on 9 February 1984, declared that the defendant was precluded from seeking special leave to appeal to Her Majesty in Council and restrained the defendant from proceeding further with the petition filed on 23 June 1983: Attorney-General (Cth) v. Finch [No. 1] [1] .