Counsel Have a Duty to the Court and Should Move the Court
To Consider Relevant Issues
At pp.474, Mason CJ and Brennan J said this:
"
Failure to argue a point before a court of criminal appeal presents a
considerable obstacle to an applicant who seeks special leave to
argue it in this Court. Even if the point emerges clearly only when a
court
pronounces its judgment, it should be appreciated by counsel who
receive judgment that they are under a duty to draw the court's attention
to
issues which, in the light of the judgment, require further consideration
by that court and to move the court to consider any such issues before
the formal order of the court is perfected. [emphasis added] …”
|