Holt v The King

[2023] VSCA 163

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Jurisdiction
3. › County Court of Victoria
4. › Indictable offences
5. › Whether County Court has jurisdiction to try offence against Victorian law where accused is resident of another State
6. › County Court Act 1958 (Vic), s 36A
7. › Open Courts Act 2013 (Vic), ss 21, 23
1. Constitutional Law (Cth)
2. › Section 80
3. › Trial on indictment by jury
4. › Whether s 80 applies to offences against State law
5. › Offence against law of State not offence against law of Commonwealth
6. › Constitution (Cth), s 80
1. Criminal Law
2. › Interlocutory appeal
3. › Application to review refusal to certify
4. › Whether interlocutory decision of sufficient importance to justify determination on appeal
5. › Criminal Procedure Act 2009 (Vic), ss 295, 296
1. Statutes
2. › Imperial Acts
3. › Continued application in Victoria
4. › Whether Imperial statute [1351-2] 25 Edward III St V c IV requires trial in neighbourhood where offence committed
5. › Whether displaced by later Victorian legislation
6. › Imperial Acts Application Act 1980 (Vic), ss 3, 8

Quick Take

Section 80 of the Constitution (Cth) applies only to offences against laws of the Commonwealth, not to offences against State laws. Imperial statutes preserved by the Imperial Acts Application Act 1980 (Vic) may be displaced by later Victorian legislation, including the Criminal Procedure Act 2009 (Vic).