TROY GEOFFREY EVANS v ALAN JOHN SHIELS
[2004] ACTSC 19 (16 April 2004)
APPEAL – decision by Magistrate to adjourn proceedings before determining sentence – Griffiths bond – whether appropriate for appellate review.
APPEAL – whether s 48A Australian Capital Territory (Self-Government) Act 1988 provides general appeal right to the Supreme Court from a decision of any inferior court or tribunal.
Australian Capital Territory (Self-Government) Act 1988, s 48A
Crimes Act 1900, s 402
Criminal Appeal Act 1912 (NSW), s 23
Criminal Appeal Act 1907
Supreme Court Act 1933, s 20
Periodic Detention Act 1985
Bail Act 1992
Australian Capital Territory Supreme Court (Transfer) Bill 1992
Griffiths v R (1977) 137 CLR 293
Selles and ACT Director of Public Prosecutions v Bailey [2000] ACTSC 111
Chamberlain v The Queen [No2] (1984) 153 CLR 521
R v McLeod (1890) 11 LR (NSW) 218
Kelly v Apps [2000] FCA 687, (2000) 98 FCR 101
Mickelberg v The Queen (1989) 167 CLR 259
Eastman v The Queen [2000] HCA 29, (2000) 203 CLR 1
FAI Properties Pty Ltd v Nationwide Travel Canberra Pty Ltd [2000] ACTSC 82
FAI Properties Pty Ltd v Apostolopoulos [2002] ACTSC 58
Harrison v Commissioner for Housing [2003] ACTSC 22
Conway v R [2002] HCA 2, (2002) 186 ALR 328
Freidland ML, New Trial After Appeal from Conviction (1968) 84 LQR 48 &105
Miles CJ, Justice at the Seat of Government (1992) 66 ALR 555
ON APPEAL FROM THE MAGISTRATES COURT
No SCA 1 of 2004
Judge: Connolly J
Supreme Court of the ACT
Date: 16 April 2004
IN THE SUPREME COURT OF THE )
) No SCA 1 of 2004
AUSTRALIAN CAPITAL TERRITORY )
ON APPEAL FROM THE MAGISTRATES COURT
BETWEEN:TROY GEOFFREY EVANS
Appellant
AND:ALAN JOHN SHIELS
Respondent
ORDER
Judge: Connolly J
Date: 16 April 2004
Place: Canberra
THE COURT ORDERS THAT:
The appeal be dismissed.
This application is said to be an appeal pursuant to s 48A of the Australian Capital Territory (Self-Government) Act 1988 (the Australian Capital Territory (Self- Government) Act) from the whole of the orders made by Magistrate Dingwall on 12 December 2003. The substantive matter involves an allegation that the respondent at about 1 am on 4 June 2003 did drive a motor vehicle with a prescribed concentration of alcohol in his blood. The learned Magistrate found the offence proven, but adjourned the sentencing of the offender, and it is in substance that decision that is sought to be the subject of this appeal.
The facts of the matter, as found by the learned Magistrate, was that the respondent, who was an employee of a car dealer, drove in his work supplied vehicle to a bar in Phillip after work. He consumed a quantity of alcohol and formed the opinion that he should not drive himself to his home in Queanbeyan. He ordered a taxi to collect him from the establishment. He had parked his vehicle in a place that he considered unsafe, so he got into…
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- Case
- [2004] ACTSC 19
- Decision Date
CaseChat Overview and Summary
The court examines whether the Australian Capital Territory (Self-Government) Act 1988 confers a general appellate jurisdiction on the Supreme Court to review decisions of inferior courts. Connolly J concludes that the appeal lies only if there is a specific statutory provision allowing it. The court finds that section 48A of the Australian Capital Territory (Self-Government) Act, which grants the Supreme Court all necessary appellate jurisdiction, does not create a general right of appeal. Instead, it confirms the breadth of the Supreme Court's judicial power but does not provide for broad appellate review independent of specific statutory provisions. This aligns with established legal principles that appeal rights depend on express statutory provisions.
Regarding the bail conditions, the court determines that the Magistrate did not impose an unauthorised financial penalty. The condition for the respondent to obey reasonable directions of ACT Corrective Services could involve attending an alcohol and driving course, which may incur a cost, but does not constitute an invalid bail condition.
Ultimately, Connolly J dismisses the appeal, holding that the Magistrate's decision to adjourn sentencing is not subject to appellate review in the absence of a specific legislative provision. The court also finds no error in the bail conditions imposed.
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