FEDERAL COURT OF AUSTRALIA
Hinton v The Queen [2000] FCA 1019
CRIMINAL LAW AND PROCEDURE – competency of notice of appeal – appeal from Supreme Court of Australian Capital Territory – whether verdict of jury constitutes “judgment” – whether conviction not yet recorded constitutes “judgment” – Federal Court of Australia Act 1976 (Cth) ss 4 and 24(1)(b).
Federal Court of Australia Act 1976 (Cth) ss 4, 24(1)(b)
Criminal Appeal Act 1912 (NSW) s 5
Crimes Act 1958 (Vic) s 567
Criminal Code Act 1899 (Qld) s 668D
Criminal Law Consolidation Act 1935 (SA) s 352
The Criminal Code (WA) s 688
The Criminal Code Act 1924 (Tas) s 410.Duff v R (1979) 39 FLR 317 at 324 (28 ALR 663 at 670)
Musgrove v McDonald (1906) 3 CLR 132
R v Snow (1915) 20 CLR 315 at 324
Menges v R (1919) 26 CLR 369 at 373
Jenyns v Public Curator (Kew) (1953) 90 CLR 113 at 119
Australian Iron and Steel Ltd v Greenwood (1962) 107 CLR 308 at 318
Riley v Nelson (1965) 119 CLR 131 at 149
Ah Toy v Registrar of Companies (1985) 10 FCR 280 at 285
Re Stubbs (1947) 47 SR (NSW) 329 at 339
S (an infant) v Manchester City Recorder [1969] 3 All ER 1230 at 1246
Attorney-General (NSW) v Dawes [1976] 1 NSWLR 242 at 245
R v Hannan; Ex parte Abbott (1986) 41 NTR 37 at 40-41
Kopuz v District Court of New South Wales (1992) 28 NSWLR 232
Cobiac v Liddy (1969) 119 CLR 257 at 273
R v Tonks & Goss [1963] VR 121
R v Jerome & McMahon [1964] Qd R 595
Griffiths v R (1977) 137 CLR 293 at 301
R v Celep [1998] 4 VR 811 at 813
R v De Marchi [1983] 1 VR 619
Byrnes v R (1999) 164 ALR 520 at 543GREGORY MARTIN HINTON v THE QUEEN
A 27 of 2000MILES, MADGWICK & WEINBERG JJ
1 AUGUST 2000
CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
A 27 OF 2000 On Appeal from the Supreme Court of the Australian Capital Territory
BETWEEN:
GREGORY MARTIN HINTON
APPELLANTAND:
THE QUEEN
RESPONDENTJUDGE:
MILES, MADGWICK and WEINBERG JJ
DATE OF ORDER:
1 AUGUST 2000
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The notice of appeal filed on 13 April 2000 be dismissed as incompetent.
2.The notice of motion dated 1 May 2000 be struck out for want of jurisdiction.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
A 27 OF 2000
On Appeal from the Supreme Court of the Australian Capital Territory
BETWEEN:
GREGORY MARTIN HINTON
APPELLANTAND:
THE QUEEN
RESPONDENT
JUDGE:
MILES, MADGWICK and WEINBERG JJ
DATE:
1 AUGUST 2000
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
Background
On 31 March 2000 a jury found the appellant, Gregory Martin Hinton, guilty on eight counts of possession and supply…
Continue reading Hinton v The Queen
Sign in free to access the full text
- AGLC
- Hinton v The Queen [2000] FCA 1019
- Case
- [2000] FCA 1019
- Decision Date
CaseChat Overview and Summary
The court examined the relevant provisions of the Federal Court Act and the Constitution, as well as previous case law on the matter. It noted that section 4 of the Federal Court Act defines "judgment" as including a judgment, decree, or order, but does not explicitly include a jury's verdict. The court relied on the Full Court's decision in Duff v R, which held that an appeal lies from the judgment entered upon a verdict in a criminal trial, but not from the verdict itself. The court also referred to the High Court's decision in Musgrove v McDonald, which supported the view that an appeal does not lie from a jury's verdict. These authorities were considered to be relevant to the interpretation of section 4 of the Federal Court Act.
Based on the analysis of the relevant legislation and case law, the court concluded that the appeal was incompetent because it was brought against the jury's verdict, rather than the judgment entered on that verdict. The court found that there was no reason to doubt the correctness of the Full Court's decision in Duff v R, and that the appeal was therefore dismissed as incompetent. Additionally, the notice of motion was struck out for want of jurisdiction.
Accordingly, the court made two orders. Firstly, the notice of appeal filed on 13 April 2000 was dismissed as incompetent. Secondly, the notice of motion dated 1 May 2000 was struck out for want of jurisdiction.
Orders
Orders of the court
1. The notice of appeal filed on 13 April 2000 be dismissed as incompetent.
2. The notice of motion dated 1 May 2000 be struck out for want of jurisdiction.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.