R v Sing

The parties to this matter were The King and the Commonwealth, as plaintiffs, and Henry Thom Sing and Lew You, as defendants. The dispute concerned the recovery of £50, the amount of a bond entered into by the defendants to secure the appearance of one Ah Chin at a Police Court hearing. Ah Chin was charged with being a prohibited immigrant, an offence against Commonwealth law. The matter was heard in the High Court of Australia.

The central legal issue before the court was whether a justice of the peace, who was not a Stipendiary, Special, or Police Magistrate, had the authority to take a recognizance (bond) for the appearance of a person charged with an offence against the laws of the Commonwealth. This question turned on the interpretation of section 68 of the Judiciary Act 1903, which governs the application of State laws to Commonwealth offences committed within a State.

Griffith C.J. reasoned that the taking of a recognizance was a matter of procedure within the meaning of section 68(1) of the Judiciary Act. This subsection provides that State laws respecting procedure for holding accused persons to bail shall apply to persons charged with Commonwealth offences. The Chief Justice distinguished this from the judicial exercise of jurisdiction, which is dealt with in section 68(3) and requires specific types of magistrates. He concluded that a justice of the peace could act in the execution of taking a recognizance, as it was a procedural step and not a judicial exercise of jurisdiction. Therefore, the bond was validly taken.

The court ordered that the plaintiffs be at liberty to sign final judgment for the amount claimed, with costs.