McInnis v The Queen [1979] HCA 65

McInnis v The Queen [1979] HCA 65

Special leave was refused because the majority was not satisfied that the refusal of an adjournment caused a miscarriage of justice. The Crown case was regarded as very strong, and the applicant was not shown to have lost a real prospect or chance of acquittal by conducting his own defence.

Jurisdiction
Australia
Procedural Posture
Criminal Special Leave Application / Application for Special Leave to Appeal to the High Court From a Majority Decision of the Court of Criminal Appeal of Western Australia Dismissing an Appeal Against Conviction
Outcome
Application for special leave to appeal refused.
Legal Topics
['adjournment of Criminal Trial' 'unrepresented Accused' 'miscarriage of Justice' 'right to Counsel' 'rape' 'unlawful Restraint' 'unlawful Deprivation of Liberty']
['criminal Law' 'criminal Procedure' 'legal Aid'] ['adjournment of Criminal Trial' 'unrepresented Accused' 'miscarriage of Justice' 'right to Counsel' 'rape' 'unlawful Restraint' 'unlawful Deprivation of Liberty']

Case Brief

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Procedural Posture

Criminal Special Leave Application / Application for Special Leave to Appeal to the High Court From a Majority Decision of the Court of Criminal Appeal of Western Australia Dismissing an Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the trial judge erred in refusing an adjournment sought so the applicant could obtain counsel after legal aid was refused shortly before trial.' 'Whether any refusal of an adjournment resulted in a miscarriage of justice under s. 689 (1) of the Criminal Code of Western Australia.' 'Whether the applicant was deprived of a prospect or chance of acquittal by being required to conduct his own defence.']

Ratio Decidendi

Special leave was refused because the majority was not satisfied that the refusal of an adjournment caused a miscarriage of justice. The Crown case was regarded as very strong, and the applicant was not shown to have lost a real prospect or chance of acquittal by conducting his own defence.

Court Disposition

Application for special leave to appeal refused.

Orders

  • ['Application for special leave to appeal refused.']