Rockhampton murderer loses appeal bid

A university student found guilty of murdering a Rockhampton woman has lost his bid to appeal his conviction in the High Court.

Beau Ernest Hinschen was last year jailed for life for the murder of Suzanne Standing at her home in August 2005.

She was stabbed and had her face shattered and the trial judge described the killing as vicious and frenzied.

Hinschen claimed that Ms Standing's former partner, Scott Jobling, forced him at gunpoint to kill the 30-year-old woman.

Hinschen's lawyers today sought leave to appeal their client's conviction in the High Court, arguing the trial judge failed to properly instruct the jury about his previous good character.

But the High Court refused the application, concluding that it was not convinced that an error occurred or that there was a miscarriage of justice.

Judge attacks disparity in laws

Australia has a long way to go in protecting the rights of women, Aborigines, migrants and homosexuals, High Court judge Michael Kirby said yesterday.

Justice Kirby was at the University of NSW last night to accept an honorary Doctorate of Laws for his ''eminent service to the community''.

He told graduates from the university's law faculty it was up to the next generation of lawyers to continue to uphold and improve the justice system.

"At your coming in, you must scrupulously maintain that tradition," Justice Kirby said. "You must strengthen it and safeguard it, for without law there is tyranny."

Justice Kirby, who must retire from the High Court in March when he turns 70, is tipped to leave the Bench at the end of the year.

Perhaps alluding to the reforms, which he has lobbied for, Justice Kirby said there was still inequality for women and minority groups "The position of gays has got better in my lifetime; but the oppression and ignorance are not yet over," he said.

"Inequality and discrimination have not yet stopped.

"Wrongs and injustices still occur in the law to this day, including even for me, an office-holder under the nation's Constitution. So it is work in progress; no room for complacency."

He warned graduates, "We cannot afford to be starry-eyed about our profession".

"You know that sometimes, with the aid of good lawyering, judges can strengthen the law with justice.

"But you also know many cases where this has proved impossible. And some where the outcomes sometimes seemed unnecessarily unjust. You know that access to justice is too expensive. Despite law reform reports, parliaments often neglect the demonstrated need for reform."

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Day police just went too far

A man who challenged the right of police to remain in his home - only to be sprayed with capsicum spray, handcuffed and locked in a cell wearing only boxer shorts - has won his case in the High Court.

Sydney man Murat Kuru sued police after six officers they came to his flat in 2001, alerted to a noisy argument between him and his then fiancee (now wife).

By the time they arrived, she had left, but Mr Kuru let them look around, talked to them, and gave them the phone number of her sister, with whom she had left.

After repeated requests that they leave, the officers refused. Eventually, a violent scuffle broke out - who caused it was a matter of dispute - and Mr Kuru was punched, handcuffed and sprayed with capsicum spay.

He fell down the stairs, twice, and was locked in a cell for hours with nothing to wear but his boxer shorts.

In the District Court, he won an action for trespass and false imprisonment, claiming police had no right to stay once he asked them to leave. He won, and was awarded $418,265 in damages.

The Court of Appeal overturned that, finding police were not trespassing when they were first called, and were justified in staying on the property to investigate domestic violence.

Today, the High Court allowed Mr Kuru's appeal, by a four-to-one majority. By the time Mr Kuru asked them to leave, police had already inspected the flat, and didn't need to stay to speak to the fiancee.

The majority found there was no authority for police to remain on the property, and they could have sought a warrant if they felt they needed to.

The law forgave trespassing in emergencies, but the court said there was no emergency and no ongoing breach of the peace when Mr Kuru asked them to leave, so police were trespassing on his property, and committed trespass to the person during the scuffle.

The case will now return to the Court of Appeal to assess damages.

High Court orders retrial for Gassy

The High Court has ordered a retrial for the man convicted of the execution-style murder of South Australian mental health services chief Margaret Tobin.

The court ruled on Tuesday that directions to a deadlocked jury in the Supreme Court trial of Jean Eric Gassy were not sufficiently balanced.

Dr Tobin was gunned down as she left a lift to return to her office in an Adelaide city building on October 14, 2002.

She was shot four times but no one at the scene was able to identify her attacker.

The Crown alleged Gassy killed Dr Tobin because of resentment and anger over her role in his deregistration as both a medical practitioner and psychiatrist in Sydney.

By a 3-2 majority, the High Court on Tuesday allowed Gassy's appeal and ordered a new trial.

It said the trial judge's directions to a jury deadlocked after a day and a half of deliberations lacked neutrality, causing a substantial miscarriage of justice