Henry Winneke
Encyclopedia
Sir Henry Arthur Winneke AC, KCMG, KCVO, OBE, KStJ
, QC
(20 October 190828 December 1985) was a Chief Justice
of the Supreme Court of Victoria
and Governor of Victoria.
immigrants to Victoria. His father, Henry Christian Winneke was a judge of the County Courts of Victoria. Winneke was educated at Ballarat Grammar School
, Scotch College
and the University of Melbourne
, from which he graduated LLB in 1929 and LLM in 1930. He was a hockey player while at University, and was awarded a University Blue as well as playing in an Australian Universities team. After doing articles at the solicitors firm Gair & Brahe, he was admitted to practice in the Supreme Court of Victoria
on 1 May 1931 and called to the Victorian Bar
on 30 July 1931. He read as a pupil of Wilfred Fullagar
, who was later a judge of the High Court of Australia
.
in October 1939. He was subsequently promoted to Wing Commander on 1 October 1941 and to Group Captain a month later, when he was appointed Director of Personnel Services. He was appointed O.B.E. (Mil) in 1944.
(his successor as Chief Justice) as "a very sound lawyer with a clear and penetrating mind", and a "clear and powerful advocate" ([1986] VR p xi). He was appointed a Kings Counsel in 1949. Winneke became Solicitor-General for the State of Victoria in 1951. In that capacity, he regularly prosecuted in important Criminal trials, and also appeared for the State of Victoria in Constitutional cases in the High Court of Australia and the Privy Council
. While Solicitor General, he provided robust advice to the Victorian Government and refused to be swayed by political considerations. This included advising the then Victorian Premier Sir Henry Bolte
and Chief Secretary Sir Arthur Rylah
that they might be guilty of intentional unlawful homicide, or murder, if the Government hanged a convicted murderer named Robert Peter Tait notwithstanding a temporary stay on his execution granted by the High Court of Australia
(see Tait v R (1962) 108 CLR 620).
of the Supreme Court of Victoria
in 1964. According to Sir John Young
, he was "a model of fairness", who delivered judgments which "were models of clarity and learning" ([1986] VR p xii). He was appointed Lieutenant Governor
of Victoria
in 1972. In 1974, he retired from office as Chief Justice and became the Governor of Victoria, an office which he occupied with "great distinction" until 1982. He was knighted in 1957, created KCMG in 1966, KCVO in 1977 and AC in 1982. He received the honorary degree of Doctor of Laws from the University of Melbourne
in 1978 and Monash University
in 1980.
Don Chipp
said that Winneke had told him in 1971 that the convicted murder Leith Ratten
was innocent. In 1981, when Ratten had yet to be released, Chipp said Winneke denied the conversation had taken place. Later a member of the Supreme Court at the time of Ratten's trial told Tom Molomby that Winneke had wanted to remove the jury from the trial. Such a move would require a belief that the evidence would not support a guilty verdict.
, was also a judge on the Supreme Court of Victoria, being President of the Court of Appeal from its inception in 1995 until his retirement in 2005. Winneke was a keen golfer and follower of Australian Rules Football
, being at one time the number one ticket holder of Hawthorn Football Club
.
Venerable Order of Saint John
The Most Venerable Order of the Hospital of Saint John of Jerusalem , is a royal order of chivalry established in 1831 and found today throughout the Commonwealth of Nations, Hong Kong, Ireland and the United States of America, with the world-wide mission "to prevent and relieve sickness and...
, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(20 October 190828 December 1985) was a Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
and Governor of Victoria.
Early life and career
Winneke was born in 1908 to the descendants of GermanGermans
The Germans are a Germanic ethnic group native to Central Europe. The English term Germans has referred to the German-speaking population of the Holy Roman Empire since the Late Middle Ages....
immigrants to Victoria. His father, Henry Christian Winneke was a judge of the County Courts of Victoria. Winneke was educated at Ballarat Grammar School
Ballarat Grammar School
Ballarat and Queens Anglican Grammar School is an independent, Anglican Church school located at Wendouree , Victoria, 123 km west of Melbourne.-History:...
, Scotch College
Scotch College, Melbourne
Scotch College, Melbourne is an independent, Presbyterian, day and boarding school for boys, located in Hawthorn, an inner-eastern suburb of Melbourne, Victoria, Australia....
and the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
, from which he graduated LLB in 1929 and LLM in 1930. He was a hockey player while at University, and was awarded a University Blue as well as playing in an Australian Universities team. After doing articles at the solicitors firm Gair & Brahe, he was admitted to practice in the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
on 1 May 1931 and called to the Victorian Bar
Victorian Bar
The Victorian Bar is the bar association for the Australian State of Victoria. Its members are barristers registered to practice in Victoria. On 19 January 2006, there were 1627 counsel practising as members of the Victorian Bar. Once a barrister has been admitted to practice by the Supreme Court...
on 30 July 1931. He read as a pupil of Wilfred Fullagar
Wilfred Fullagar
Sir Wilfred Kelsham Fullagar, KBE, KC was a judge on the High Court of Australia.-Early Life and Studies:...
, who was later a judge of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
.
Second World War
Following the outbreak of the Second World War, he was commissioned in the Royal Australian Air ForceRoyal Australian Air Force
The Royal Australian Air Force is the air force branch of the Australian Defence Force. The RAAF was formed in March 1921. It continues the traditions of the Australian Flying Corps , which was formed on 22 October 1912. The RAAF has taken part in many of the 20th century's major conflicts...
in October 1939. He was subsequently promoted to Wing Commander on 1 October 1941 and to Group Captain a month later, when he was appointed Director of Personnel Services. He was appointed O.B.E. (Mil) in 1944.
Post War career
Following the end of the Second World War, Winneke left the RAAF returned to practice at the Victorian Bar. He developed a large general practice, and was described by Sir John YoungJohn Young (jurist)
Sir John McIntosh Young AC KCMG was an Australian jurist. He was the Chief Justice of the Supreme Court of Victoria 1974-91, the Lieutenant-Governor of Victoria 1974-95, and the Chief Scout of Australia 1989-96....
(his successor as Chief Justice) as "a very sound lawyer with a clear and penetrating mind", and a "clear and powerful advocate" ([1986] VR p xi). He was appointed a Kings Counsel in 1949. Winneke became Solicitor-General for the State of Victoria in 1951. In that capacity, he regularly prosecuted in important Criminal trials, and also appeared for the State of Victoria in Constitutional cases in the High Court of Australia and the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
. While Solicitor General, he provided robust advice to the Victorian Government and refused to be swayed by political considerations. This included advising the then Victorian Premier Sir Henry Bolte
Henry Bolte
Sir Henry Edward Bolte GCMG was an Australian politician. He was the 38th and longest serving Premier of Victoria.- Early years :...
and Chief Secretary Sir Arthur Rylah
Arthur Rylah
Sir Arthur Gordon Rylah KBE CMG was an Australian politician and lawyer.-Background:Rylah was born in Kew, Melbourne. He was educated at Trinity Grammar and the University of Melbourne, graduating with a law degree from this university in 1932...
that they might be guilty of intentional unlawful homicide, or murder, if the Government hanged a convicted murderer named Robert Peter Tait notwithstanding a temporary stay on his execution granted by the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
(see Tait v R (1962) 108 CLR 620).
Chief Justice and Governor
Winneke was appointed as Chief JusticeChief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
in 1964. According to Sir John Young
John Young (jurist)
Sir John McIntosh Young AC KCMG was an Australian jurist. He was the Chief Justice of the Supreme Court of Victoria 1974-91, the Lieutenant-Governor of Victoria 1974-95, and the Chief Scout of Australia 1989-96....
, he was "a model of fairness", who delivered judgments which "were models of clarity and learning" ([1986] VR p xii). He was appointed Lieutenant Governor
Lieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
in 1972. In 1974, he retired from office as Chief Justice and became the Governor of Victoria, an office which he occupied with "great distinction" until 1982. He was knighted in 1957, created KCMG in 1966, KCVO in 1977 and AC in 1982. He received the honorary degree of Doctor of Laws from the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
in 1978 and Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
in 1980.
Don Chipp
Don Chipp
Donald Leslie Chipp, AO was an Australian politician, and the inaugural leader of the Australian Democrats.-Early life:...
said that Winneke had told him in 1971 that the convicted murder Leith Ratten
Leith Ratten
Leith Ratten is a convicted murderer from Echuca, Australia whose case ignited controversy and national interest in the 1970s. Leading lawyers were convinced of his innocence.- Background :...
was innocent. In 1981, when Ratten had yet to be released, Chipp said Winneke denied the conversation had taken place. Later a member of the Supreme Court at the time of Ratten's trial told Tom Molomby that Winneke had wanted to remove the jury from the trial. Such a move would require a belief that the evidence would not support a guilty verdict.
Personal life
He was married twice, first to Nancy Wilkinson in 1933 by whom he had two sons, John and Michael. Following his first wife's death in 1983, in 1984 he married Ellis Faul, who survived him. His son, John WinnekeJohn Winneke
John Spence Winneke AC, RFD, QC, RANR is a former judge of the Supreme Court of Victoria and the President of the Court of Appeals division of the Supreme Court of Victoria, which is the highest ranking court in the Australian State of Victoria.-Early life:John Spence Winneke was born to Sir Henry...
, was also a judge on the Supreme Court of Victoria, being President of the Court of Appeal from its inception in 1995 until his retirement in 2005. Winneke was a keen golfer and follower of Australian Rules Football
Australian rules football
Australian rules football, officially known as Australian football, also called football, Aussie rules or footy is a sport played between two teams of 22 players on either...
, being at one time the number one ticket holder of Hawthorn Football Club
Hawthorn Football Club
The Hawthorn Football Club, nicknamed the Hawks, is a professional Australian rules football club in the Australian Football League . The club, founded in 1902, is the youngest of the Victorian-based teams in the AFL. The team play in Brown & Gold vertically striped guernseys...
.
See also
- Judiciary of AustraliaJudiciary of AustraliaThe judiciary in Australia is modelled substantially on the system of courts which existed in England.The large number of courts and tribunals in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost...
- List of Judges of the Supreme Court of Victoria
- Obituary, [1986] Victorian Reports, pp xi–xii.
- Coleman, Robert, Above renown: The biography of Sir Henry Winneke, South Melbourne, MacMillan Australia, 1988.