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] …”