Higgins v Mr Comans, Acting Magistrate & DPP (Qld)

(2005) 153 A Crim R 565; [2005] QCA 234

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Prosecution
4. › Committal for trial
5. › Powers and duties of magistrate
6. › Whether magistrate has power to stay committal proceedings as abuse of process
7. › Justices Act 1886 (Qld), ss 104, 108
1. Criminal Law
2. › Jurisdiction, Practice and Procedure
3. › Abuse of process
4. › Stay of proceedings
5. › Inferior courts
6. › Whether power to stay can be implied in committal proceedings
7. › Whether committal proceedings are judicial or administrative in nature
1. Courts and Judges
2. › Inferior courts
3. › Implied powers
4. › Grant of power carries with it everything necessary for its exercise
5. › Whether power to stay committal proceedings is reasonably necessary for exercise of committal jurisdiction
6. › Justices Act 1886 (Qld), ss 83A, 104, 108

Quick Take

A magistrate conducting committal proceedings under Part 5, Division 5 of the Justices Act 1886 (Qld) has no power to stay those proceedings as an abuse of process. Section 83A(5) does not confer such a power. Any application to stay proceedings as an abuse of process must be made to the trial court. The distinction between committal proceedings (administrative/ministerial) and summary trial proceedings (judicial) is critical to whether a stay power can be implied.