Macalister v The Queen

Max Milton Macalister was the applicant seeking special leave to appeal to the High Court of Australia. The respondent was The Queen. The dispute concerned the jurisdiction of the Full Court of the Supreme Court of Victoria to hear an application for leave to appeal against a sentence of imprisonment imposed upon the applicant for default in paying a fine.

The legal issue before the High Court was whether sections 566 and 567(d) of the Crimes Act 1958 (Vic), read with section 77 of the Penalties and Sentences Act 1985 (Vic), conferred jurisdiction on the Full Court of the Supreme Court of Victoria to entertain an application for leave to appeal against the sentence of imprisonment imposed on the applicant.

The applicant had been convicted on indictment and sentenced to a fine of $7500, payable by instalments. He failed to pay any part of the fine. Subsequently, a summons was issued compelling his attendance before the County Court to explain his default. At that hearing, the court considered the alternatives under section 70 of the Penalties and Sentences Act 1985 (Vic), one of which was imprisonment. The sentencing judge determined that imprisonment was the only appropriate penalty and, pursuant to section 71 of the Act, sentenced the applicant to the maximum term of imprisonment for the relevant penalty range. The applicant then sought to appeal this sentence of imprisonment to the Full Court of the Supreme Court of Victoria.