Mulcahy v Clark

[1991] TASSC 15

Supreme Court of Tasmania

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Interrogate

Catchwords

1. Criminal Law
2. › Summary jurisdiction
3. › Justices
4. › Power to convict without imposing penalty
5. › Whether magistrate may record conviction without sentencing order
6. › Justices Act 1959 (Tas), s 4A
1. Criminal Law
2. › Sentencing
3. › Summary offences
4. › Conviction without penalty
5. › Whether reparation order constitutes a penalty
6. › Social Security Act 1947 (Cth), s 239(7)
7. › Crimes Act 1914 (Cth), ss 19B, 20, 21B
1. Criminal Law
2. › Summary jurisdiction
3. › Form of complaint
4. › Multiple offences
5. › Whether each instalment constitutes separate offence
6. › Social Security Act 1947 (Cth), s 239(1)(b), s 239(4)

Quick Take

A magistrate in Tasmania cannot record a conviction without imposing a penalty or making some other sentencing order authorised by statute. The common Tasmanian practice of convicting and then imposing no punishment is unlawful. A reparation order under s 239(7) of the Social Security Act 1947 (Cth) or s 21B of the Crimes Act 1914 (Cth) does not constitute a penalty. Where a magistrate wishes to convict but impose no punishment, the magistrate must proceed under an authorised statutory mechanism such as s 20 of the Crimes Act 1914 (Cth).