Application of Pearson

(1999) 46 NSWLR 148; [1999] NSWSC 143

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Criminal law
2. › Post-conviction review
3. › Inquiry into conviction under Part 13A Crimes Act 1900 (NSW)
1. Constitutional law
2. › Federal jurisdiction
3. › State courts exercising federal criminal jurisdiction under s 68 Judiciary Act
1. Constitutional law
2. › Separation of powers
3. › Distinction between judicial and administrative power in post-conviction review
1. Criminal law
2. › Jurisdiction
3. › Application of Part 13A to summary offences

Part 13A of the Crimes Act 1900 (NSW) applies to summary offences by virtue of the general wording in s 3 and the Second Schedule providing that the Part 'shall be in force with respect to all offences, and in whatsoever court tried', notwithstanding the absence of a general right of appeal to the Court of Criminal Appeal for summary matters.
Section 68 of the Judiciary Act 1903 (Cth) picks up s 474E(1)(b) of the Crimes Act 1900 (NSW) — referral to the Court of Criminal Appeal — as a power incidental to judicial power, but does not pick up s 474E(1)(a) — direction for administrative inquiry — because the latter is not judicial in nature nor incidental to judicial power. This partial picking up does not give the State legislation an 'altered meaning'.
Federal offences are not excluded from Part 13A as a matter of statutory interpretation; references to State officers (Governor, Minister, Attorney General) are to be read by analogy as references to their Commonwealth counterparts, following Peel v The Queen and Rohde v DPP (Cth).