Domaszewicz v State Coroner
Case
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[2004] VSC 528
•17 December 2004
Details
AGLC
Case
Decision Date
Domaszewicz v State Coroner [2004] VSC 528
[2004] VSC 528
17 December 2004
CaseChat Overview and Summary
The case of Domaszewicz v State Coroner concerns the jurisdiction of the coroner to hold an inquest into the death of the deceased, following an initial determination that an inquest was not required. The decision was handed down by the Supreme Court of Queensland. The central issue before the court was whether the coroner had jurisdiction to hold an inquest into the death of the deceased, after having initially determined that an inquest was not necessary.
The court had to determine if there was an alternative basis for the coroner's jurisdiction to hold an inquest, as well as whether all conditions antecedent to the exercise of jurisdiction on the available basis were satisfied. Additionally, the court considered whether the coroner was required to make a finding in respect of the matter dealt with by the now-repealed section 19(1)(e) of the Coroners Act 1985, and whether there was a risk, in substance, of double jeopardy.
The court found that there was an alternative basis for the coroner's jurisdiction to hold an inquest, and that all conditions antecedent to the exercise of jurisdiction on the available basis were satisfied. The court also held that the coroner was not required to make a finding in respect of the matter dealt with by the now-repealed section 19(1)(e) of the Coroners Act 1985, and that there was no risk, in substance, of double jeopardy. The court concluded that the coroner had jurisdiction to hold an inquest into the death of the deceased.
The court had to determine if there was an alternative basis for the coroner's jurisdiction to hold an inquest, as well as whether all conditions antecedent to the exercise of jurisdiction on the available basis were satisfied. Additionally, the court considered whether the coroner was required to make a finding in respect of the matter dealt with by the now-repealed section 19(1)(e) of the Coroners Act 1985, and whether there was a risk, in substance, of double jeopardy.
The court found that there was an alternative basis for the coroner's jurisdiction to hold an inquest, and that all conditions antecedent to the exercise of jurisdiction on the available basis were satisfied. The court also held that the coroner was not required to make a finding in respect of the matter dealt with by the now-repealed section 19(1)(e) of the Coroners Act 1985, and that there was no risk, in substance, of double jeopardy. The court concluded that the coroner had jurisdiction to hold an inquest into the death of the deceased.
Details
Key Legal Topics
Areas of Law
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Coronial Law
Legal Concepts
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Jurisdiction
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Res Judicata
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Coroner's Findings
Actions
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Most Recent Citation
Fink v State Coroner of Western Australia [2022] WASC 44
Cases Citing This Decision
10
Re State Coroner; Ex parte Minister for Health
[2009] WASCA 165
Foote v Coroner's Court of the ACT
[2018] ACTSC 119
Bauwens v The Territory Coroner
[2022] NTSC 92
Cases Cited
11
Statutory Material Cited
0
R v Forbes; ex parte Bevan
[1972] HCA 34
R v Forbes; ex parte Bevan
[1972] HCA 34