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词条 Henry Winneke
释义

  1. Early life and career

  2. Second World War

  3. Post-war career

  4. Chief Justice and Governor

  5. Personal life

  6. See also

  7. References

  8. Further reading

{{Refimprove|date=February 2007}}{{Infobox officeholder
|name = Sir Henry Winneke
|honorific-suffix = {{postnominals|country=AUS|size=100%|sep=,|AC|KCMG|KCVO|OBE|QC}}
|image = Sir Henry Winneke (cropped).JPG
|imagesize =
|alt =
|caption =
|order = 21st
|office = Governor of Victoria
|term_start = 1 June 1974
|term_end = 28 February 1982
|monarch = Elizabeth II
|predecessor = Sir Rohan Delacombe
|successor = Sir Brian Murray
|birth_date = {{Birth date|1908|10|20|df=y}}
|birth_place = Fitzroy North, Victoria
|death_date = {{Death date and age|1985|12|28|1908|10|20|df=y}}
|death_place = Shoreham, Victoria
|restingplace =
|restingplacecoordinates =
|birthname = Henry Arthur Winneke
|nationality =
|spouse = Nancy Wilkinson (1933–83; her death)
Ellis Faul (1984–85; his death)
|relations =
|children = John Winneke
|residence =
|education = University of Melbourne
|occupation =
|profession = Barrister; judge
|religion =
|nickname =
|allegiance = Australia
|branch = Royal Australian Air Force
|serviceyears = 1939–46
|rank = Group Captain
|unit =
|commands =
|battles = Second World War
|mawards = Officer of the Order of the British Empire
}}

Sir Henry Arthur Winneke {{postnominals|country=AUS|size=100|sep=comma|AC|KCMG|KCVO|OBE|QC}} (20 October 1908 – 28 December 1985) was a Chief Justice of Victoria and the 21st Governor of Victoria from 1974 to 1982.

Early life and career

Winneke was born in 1908 to the descendants of German immigrants to Victoria. His father, Henry Christian Winneke was a judge of the County Court of Victoria.[1] 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.[2] He read as a pupil of Wilfred Fullagar, who was later a judge of the High Court of Australia.

Second World War

Following the outbreak of the Second World War, he was commissioned in the Royal Australian Air Force (RAAF) 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 an Officer of the Order of the British Empire 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 Young (his successor as Chief Justice) as "a very sound lawyer with a clear and penetrating mind", and a "clear and powerful advocate",[3] He was appointed a Kings Counsel in 1949,[4] Senior Counsel for the Attorney-General and Crown prosecutor in January 1950 before being appointed Solicitor-General for the State of Victoria in 1951, the first non-minister to be appointed.[5][6] His appointment was the start of the transformation of Solicitors-General in Australia to a quasi-independent statutory office.[7] As Solicitor-General 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. In 1962 he appeared for the government in the High Court, opposing any further delay to the execution of Robert Tait, who had been convicted of murder. He told the court that Tait would be executed the following day, but the government would comply with an order of the court, if it was made. The High Court then made an order delaying the execution.[7][8]

Chief Justice and Governor

Winneke was appointed as Chief Justice Victoria in 1964. According to Sir John Young, he was "a model of fairness", who delivered judgments which "were models of clarity and learning".[3] 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 murderer 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.[9]

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 Winneke, 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.

See also

  • Judiciary of Australia
  • List of Judges of the Supreme Court of Victoria

References

1. ^{{cite AuDB |id2=winneke-henry-christian-9154 |title=Winneke, Henry Christian (1874–1943) |first=Charles |last=Francis}}
2. ^{{cite AuDB |id2=winneke-sir-henry-arthur-15768 |title=Winneke, Sir Henry Arthur (1908–1985) |first=John |last=Waugh}}
3. ^"Obituary", [1986] Victorian Reports, pp xi–xii.
4. ^{{Gazette VIC|year=1949 |page=6587 |title=Appointment - King's Counsel |date=30 November 1949 }}
5. ^{{cite news |url=http://nla.gov.au/nla.news-article205657814 |title=Mr. H. Winneke given state legal post |newspaper=The Age |date=12 December 1951 |accessdate=7 February 2019 |page=3 |via=National Library of Australia}}
6. ^{{cite web|url=https://old.vicbar.com.au/vicbar_oral/four_judges_trans_ed12.asp |title=The Victorian Bar — Oral History Part 12 - Sir Henry Winneke |publisher=Vicbar.com.au |date= |accessdate=25 April 2011}}
7. ^{{cite web |last1=Appleby |first1=G |title=The Constitutional Role of the Solicitor-General |url=https://digital.library.adelaide.edu.au/dspace/bitstream/2440/80112/8/02whole.pdf |accessdate=21 January 2019 |date=28 September 2012}}
8. ^{{cite AustLII|HCA|57|1962|litigants=Tait v R |parallelcite=(1962) 108 CLR 620 |courtname=High Court}}.
9. ^{{cite book |title=Is There a Moderate on the Roof?: ABC Years |first=Tom |last=Molomby |publisher=W. Heinemann |year=1991 |ISBN=9780855614102 |pages=84-85}}

Further reading

  • Coleman, Robert, Above renown: The biography of Sir Henry Winneke, South Melbourne, MacMillan Australia, 1988.
{{S-start}}{{s-legal}}{{succession box | title= Chief Justice of Victoria | before=Sir Edmund Herring | after=Sir John Young | years=1964–1974}}{{s-gov}}{{succession box | title= Lieutenant-Governor of Victoria | before=Sir Edmund Herring | after=Sir John Young | years=1972–1974
}}{{succession box | title= Governor of Victoria | before=Sir Rohan Delacombe | after=Sir Brian Murray | years=1974–1982
}}{{S-end}}{{Governors of Victoria}}{{Use dmy dates|date=June 2011}}{{Authority control}}{{DEFAULTSORT:Winneke, Henry}}

17 : 1908 births|1985 deaths|Australian Queen's Counsel|Queen's Counsel 1901–2000|Companions of the Order of Australia|Governors of Victoria (Australia)|Chief Justices of Victoria|Australian Knights Commander of the Order of St Michael and St George|Australian Knights Commander of the Royal Victorian Order|Australian Officers of the Order of the British Empire|People educated at Scotch College, Melbourne|Royal Australian Air Force officers|Melbourne Law School alumni|Australian people of German descent|20th-century Australian lawyers|Lieutenant-Governors of Victoria|Solicitors-General of Victoria

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