Markisic & Anor v Vizza & 16 Ors

[2002] NSWCA 384

NSW Court of Appeal

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Catchwords

1. Criminal Law
2. › Summary jurisdiction
3. › Supreme Court of New South Wales
4. › Summary criminal jurisdiction confined to offences listed in Schedule 10 of Crimes Act 1900 (NSW)
5. › Whether offences charged fell within Schedule 10
6. › Supreme Court (Summary Jurisdiction) Act 1967 (NSW)
7. › Crimes Act 1900 (NSW), s 475A, Sch 10
1. Criminal Law
2. › Federal offences
3. › Summary prosecution in state courts
4. › Whether Supreme Court is a 'court of summary jurisdiction'
5. › Whether s 68(2) of Judiciary Act 1903 (Cth) confers summary criminal jurisdiction on Supreme Court
6. › Judiciary Act 1903 (Cth), s 68(2)
7. › Acts Interpretation Act 1901 (Cth), s 26
8. › Crimes Act 1914 (Cth), ss 4G, 4H, 4J
1. Practice and Procedure
2. › Court of Appeal
3. › Jurisdiction
4. › Prerogative relief
5. › Whether Court of Appeal may grant prerogative relief against a judge of the Supreme Court
6. › Supreme Court Act 1970 (NSW), s 48(2)
1. Practice and Procedure
2. › Court of Appeal
3. › Appeal as of right
4. › Whether appeal lies as of right from final judgment not involving monetary sum of $100,000 or more
5. › Whether contempt of federal court engages s 101(5)
6. › Supreme Court Act 1970 (NSW), s 101(2)(r), (3), (5)

Quick Take

The Supreme Court of NSW cannot be used as a venue for summary criminal prosecution of either state offences not listed in Schedule 10 of the Crimes Act 1900 (NSW) or federal offences, because s 68(2) of the Judiciary Act 1903 (Cth) does not alter the position — the Supreme Court is not a 'court of summary jurisdiction' within the meaning of s 26 of the Acts Interpretation Act 1901 (Cth). A determination by the Supreme Court that it lacks summary criminal jurisdiction is an exercise of civil jurisdiction, challengeable in the Court of Appeal (not the Court of Criminal Appeal), and only by leave.