High Court of Australia
Cons Appl Cons, Apo} ns Sons Cons ns Daemy 'Ctrakitory Ry Story = RVLIM vR Hegouk 'ison & Ronen vR ev R Aois\1® (isons — (1984) 123 ; 1984) 74 AOS tet (a aa pa UR et $e MP PD Se RUBS ann Reece RST Eon vR B80) 113, CnmR 448 77 C.L.R. OF AUSTRALIA. 511 [HIGH COURT OF AUSTRALIA.] THE KING . 2 : F F - s . APPLICANT 5 AND WILKES s % : x A a ReEspoNDENT. ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF SOUTH AUSTRALIA.
Criminal Law—Special leave to appeal—Three counts in information—Acquittal on H.C, op A. two counts—Conviction on third count—Inconsistency—Pleas—Issue estoppel—___ 1948, Conviction quashed by Court of Criminal Appeal—Discretion of Court of Criminal = Appeal to refuse new trial—Discretion of High Court to grant special leave to ADELAIDE, appeal. Sept: 21.
'An information against W. and his wife charged three offences: (1) man- Latham, C.J, slaughter of B.; (2) conspiracy with B. and P. to procure the unlawful ee
miscarriage of B.; and (3) conspiracy with P. to defeat the course of public justice. 'The case for the prosecution rested largely on the evidence of P., an alleged accomplice who had been pardoned, and who deposed that he had arranged with W. and his wife to procure the miscarriage of B., that B. had died whilst in W.'s house, and that, after removing B.'s body to another
place, W. had told him to give to the police an untrue account of B.'s death. 'The jury found both accused not guilty on the first two counts, but guilty on
. the third count. On appeal, the Court of Criminal Appeal quashed the conviction on the ground of inconsistency between the verdicts.
Held, by Rich, Divon and McTiernan JJ. (Latham ©.J. dissenting,) that special leave to appeal to the High Court should be refused.
Per Dizon J. (and semble per McTiernan J.): Although the High Court
has jurisdiction to grant special leave to appeal from judgments of acquittal,
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