Director of Public Prosecutions v Smith

HIGH COURT OF AUSTRALIAGAGELER CJ,EDELMAN, GLEESON, JAGOT AND BEECH‑JONES JJDIRECTOR OF PUBLIC PROSECUTIONS  APPELLANTANDDAVID JOHN SMITH  RESPONDENTDirector of Public Prosecutions v Smith[2024] HCA 32Date of Hearing: 18 April 2024Date of Judgment: 11 September 2024M16/2024ORDER1.Appeal allowed.2.Set aside the order made by the Court of Appeal of the Supreme Court of Victoria on 30 November 2023 and, in its place, the reserved questions of law be answered as follows:1.Did the meeting infringe the principles of open justice as identified in Alec (a pseudonym) v The King [2023] VSCA 208?It is unnecessary to answer the question as it does not arise in the proceeding.2.Did the meeting bring the impartiality of the presiding judge into question?It is unnecessary to answer the question as it does not arise in the proceeding.3.Did the occurrence of the meeting represent a fundamental irregularity in the trial process, such as to constitute a serious departure from accepted trial processes?No.4.If the answer to questions 1, 2 and/or 3 is in the affirmative, is the only remedy for the evidence of the complainant to be taken at a further special hearing conducted before a different judge?It is unnecessary to answer the question as it does not arise in the proceeding.On appeal from the Supreme Court of VictoriaRepresentationL T Brown SC with S C Clancy and J R Wang for the appellant (instructed by Office of Public Prosecutions (Vic))P F Tehan KC with G J F Chisholm and B A Myers for the respondent (instructed by James Dowsley & Associates)Notice:  This copy...