Police v Morton

In Police v Morton, the respondent was charged with obtaining property by deception, contrary to section 202 of the Crimes Act 1900. The respondent sought to commit the charge to the Supreme Court, but the Magistrate was required to determine whether to commit the respondent for trial, taking into account the statutory alternative of obtaining property by deception through electronic means. The respondent contended that the alternative charge was not available to him, and that the Magistrate should commit the charge to the Supreme Court. The Magistrate declined to commit the charge and ordered the respondent be discharged.

The court was required to determine the appropriate test to be applied by the Magistrate in determining whether to commit the respondent for trial, particularly in cases where there is a statutory alternative to the charged offence. The court was also required to determine whether it was possible to commit the respondent with respect to the statutory alternative, and whether the alternative charge was available to the respondent.

The court found that the appropriate test to be applied by the Magistrate in determining whether to commit the respondent for trial was whether the evidence was such that a reasonably well-informed person would seriously consider that the respondent had committed the offence. The court found that the statutory alternative of obtaining property by deception through electronic means was available to the respondent, and that it was possible to commit the respondent with respect to the alternative charge. The court found that the evidence was not such that a reasonably well-informed person would seriously consider that the respondent had committed the offence, and that the Magistrate was therefore entitled to decline to commit the charge and order the respondent be discharged.

The court ordered that the respondent be discharged. The court did not make any orders with respect to the statutory alternative charge.