High Court of Australia

The Queen v Gee [2003] HCA 12

212 CLR 230; 77 ALJR 812; 196 ALR 282

13 Mar 2003

Case Number: A61/2002

Before

Gleeson CJ, McHugh, Gummow, Kirby, Callinan JJ

Catchwords

Criminal Law – Jurisdiction – Exercise of federal jurisdiction by state Supreme Courts – Offences against laws of the Commonwealth – Where s 350 of the Criminal Law Consolidation Act 1935 (SA) provides for the Full Court of the Supreme Court of South Australia to hear and determine questions of law reserved by the District Court – Whether s 68(2) of Judiciary Act 1903 (Cth) confers jurisdiction on the Full Court of the Supreme Court to hear and determine a question of law reserved by the District Court under State law during a trial of persons charged with offences against the laws of the Commonwealth.

Criminal Law – Prosecution – Commonwealth Director of Public Prosecutions – Powers of – Whether questions of law reserved to the Full Court constituted an appeal for the purposes of s 9(7) of the Director of Public Prosecutions Act 1983 (Cth).

Appeal – Whether case stated procedure provided for by s 350 of the Criminal Law Consolidation Act 1935 (SA) constitutes an appeal for the purposes of s 68(2) of the Judiciary Act.

Words and phrases: "appeal".

Crimes Act 1914 (Cth)
– ss 5, 29D.

Criminal Law Consolidation Act 1935 (SA) – s 350.

Criminal Law Consolidation (Appeals) Amendment Act 1995 (SA) – s 4.

Director of Public Prosecutions Act 1983 (Cth) – s 9(7).

Judiciary Act 1903 (Cth) – ss 2, 39(2), 68(2), 69(1), (2), (2A), 72, 73, 74, 75, 76, 77.

Judiciary Act 1932 (Cth)

Statutes Amendment (Attorney
–General's Portfolio) Act 1996 (SA), s 9.
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