R v Jones

Case [1999] WASCA 194


R -v- JONES [1999] WASCA 194



SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 194
COURT OF CRIMINAL APPEAL
Case No:CCA:68/199915 JULY 1999
Coram:MALCOLM CJ
IPP J
WALLWORK J
8/10/99
22Judgment Part:1 of 1
Result: Appeals allowedRetrials ordered
PDF Version
Parties:THE QUEEN
WAYNE RONALD JONES
PANTELLIS SALDARIS
FREDERICK HENK RUDOLPHY

Catchwords:

Crown appeals against acquittals upon direction of trial Judge
Charges of obstructing member of Legislature
Whether that person disqualified from being such a member by virtue of appointment to office of Agent General
Whether earlier prospective appointment was validly cancelled by Governor
Appointment held at pleasure may be cancelled by exercise of the Royal Prerogative by the Governor
"Appointment" to office distinguished from "holding" office
Before appointee holds office, he or she cannot be suspended or removed from office by the Governor but the decision to appoint may be revoked or cancelled

Legislation:

Agent General Act 1895, s 1, s 4, s 51(1)(c)
Constitution Acts Amendment Act 1899, s 34
Extradition Act 1870 (UK), s 19
Interpretation Act 1984, s 52

Case References:

Attorney General v De Keyser's Royal Hotel Ltd [1920] AC 508
Barton v The Commonwealth (1974) 131 CLR 477
Bennett v Commonwealth of Australia [1980] 1 NSWLR 581
Carey v The Commonwealth (1921) 30 CLR 132
Dunn v R [1896] 1 QB 116
Fisher v R (1901) 26 VLR 781
Gould v Stewart [1896] AC 575
Menner v Falconer (1997) 74 IR 472
Parker & Ors v Miller & Ors, unreported; FCt SCt of WA; Library No 980249; 8 May 1998
Re Governor-General and Executive Council of New South Wales; Ex parte Robertson (1858) 11 Moo PC 288
Shenton v Smith [1895] AC 229
Suttling v Director General of Education (1985) 3 NSWLR 427
Sykes v Cleary (1992) 176 CLR 77
Terrell v Secretary of State to the Colonies [1953] 2 QB 482
Washer v British Columbia Toll Highways and Bridges Authority (1965) 53 DLR (2d) 620
Wheaton v Maple (1893) 3 Ch 48

Bass v Permanent Trustee Co Ltd (1999) 161 ALR 399
Brown v West (1990) 169 CLR 195
Clydesdale v Hughes (1934) 36 WALR 73; 51 CLR 518
Comeau's Sea Foods Ltd v Canada (Minister of Fisheries and Oceans) [1997] 1 SCR 12
Palais Parking Station Pty Ltd v Shea (1977) 16 SASR 350
Re Warrego Election Petition (1899) 9 QLJ 249
Royse v Birley (1869) 4 LR4CP 296
R v Chapman [1931] 2 KB 606
R v Webster (1975) 132 CLR 270
Sue v Hill (1999) HCA 30
Tonkin v Brand [1962] WAR 2

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : R -v- JONES [1999] WASCA 194 CORAM : MALCOLM CJ
    IPP J
    WALLWORK J
HEARD : 15 JULY 1999 DELIVERED : 8 OCTOBER 1999 FILE NO/S : CCA 68 of 1999 BETWEEN : THE QUEEN
    Appellant

    AND

    WAYNE RONALD JONES
      Respondent
FILE NO/S : CCA 69 of…

Continue reading R v Jones

Sign in free to access the full text

Details
AGLC
R v Jones [1999] WASCA 194
Case
[1999] WASCA 194
Decision Date

CaseChat Overview and Summary

In the case of R v Jones, the Crown sought to appeal against the acquittals of the defendants, who were charged with obstructing members of the Legislature. The trial judge had directed the acquittals, leading to the Crown's dissatisfaction with the outcome of the trial. The case was heard by the court, which was tasked with determining the legal issues that arose from the case.

The primary legal issue before the court was whether the accused individuals were disqualified from holding the position of members of the Legislature by virtue of their appointments to the office of Agent General. Additionally, the court had to determine whether the earlier prospective appointments were validly cancelled by the Governor. The court had to consider the extent of the Governor's authority in cancelling appointments and the distinction between being "appointed" to an office and "holding" that office. This distinction was crucial in determining whether the accused individuals could be held liable for obstructing members of the Legislature.

The court found that the Governor had the authority to cancel appointments to the office of Agent General before the appointee actually held the office. This meant that the earlier prospective appointments were validly cancelled, and the accused individuals were indeed disqualified from being members of the Legislature. The court emphasised the importance of the distinction between being appointed to an office and holding that office, as it determined the Governor's authority in cancelling appointments. The court's reasoning led to the conclusion that the appeals should be allowed and that retrials should be ordered.

The court allowed the Crown's appeals and ordered retrials for the accused individuals. This decision recognised the importance of understanding the legal framework surrounding appointments to public office and the Governor's authority in cancelling such appointments. The distinction between being appointed to an office and holding that office played a crucial role in the court's reasoning, ultimately leading to the conclusion that the appeals should be allowed and that the accused individuals should face retrials.

Orders

Orders of the court

Appeals allowedRetrials ordered

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.