DPP (Cth) v Hunter & Milner (No 2)

[2003] VSCA 219

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Crown appeal against sentence
4. › Commonwealth offences tried in State court
5. › Costs of appeal
6. › Whether respondent entitled to indemnity certificate under State legislation
7. › Appeal Costs Act 1998 (Vic), s 15(1)
8. › Judiciary Act 1903 (Cth), ss 68(2), 79
1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › State courts exercising federal jurisdiction
4. › Application of State laws
5. › Whether State costs indemnity legislation 'picked up' by Judiciary Act 1903 (Cth)
6. › Whether s 68(2) confers 'like jurisdiction' to grant costs certificate
7. › Whether s 79 renders State legislative scheme binding on court exercising federal jurisdiction
8. › Judiciary Act 1903 (Cth), ss 68(2), 79
1. Practice and Procedure
2. › Costs
3. › Indemnity certificates
4. › State costs indemnity scheme
5. › Application in exercise of federal jurisdiction
6. › Whether certificate a futility where State officials not bound
7. › Appeal Costs Act 1998 (Vic), ss 15, 21, 27, 35, 37

Quick Take

Respondents to Crown appeals brought by the Commonwealth DPP in Victorian courts exercising federal jurisdiction are not entitled to indemnity certificates under s.15 of the Appeal Costs Act 1998 (Vic). Neither s.68(2) nor s.79 of the Judiciary Act 1903 (Cth) picks up the Victorian costs indemnity scheme. There is no Commonwealth counterpart legislation providing costs indemnity in such circumstances.