R v Kidman [1915] HCA 58

R v Kidman [1915] HCA 58

The Crimes Act 1915 (No. 6 of 1915), by adding conspiracies to defraud the Commonwealth and making the provision retrospective, is a valid exercise of Commonwealth legislative power; original jurisdiction in indictable offences is conferred on the High Court, and the indictment for conspiracy to defraud the Commonwealth discloses an offence at law. The motions to quash the indictment must be refused.

Parties
Prosecutor: The King; Accused: Arthur Kidman; Accused: Frederick William Page; Accused: Arthur George O'Donnell; Accused: Edward Leslie
Jurisdiction
Australia
Judgment Date
16 September 1915
Procedural Posture
Criminal / Reserve of Questions for Full Court on Motion to Quash Indictment
Outcome
Motions to quash indictment refused
Legal Topics
Ex Post Facto Laws, High Court Jurisdiction, Conspiracy to Defraud the Commonwealth, Retrospective Criminal Legislation
Constitutional Law Criminal Law Ex Post Facto Laws High Court Jurisdiction Conspiracy to Defraud the Commonwealth Retrospective Criminal Legislation

Case Brief

Summary, issues, holding and outcome

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Parties

The King

Prosecutor

Arthur Kidman

Accused

Frederick William Page

Accused

Arthur George O'Donnell

Accused

Edward Leslie

Accused

Procedural Posture

Criminal / Reserve of Questions for Full Court on Motion to Quash Indictment

Legal Issues

  1. 1 Whether the Crimes Act 1915 (No. 6 of 1915) provisions are valid insofar as they are retrospective
  2. 2 Whether the Commonwealth Parliament can confer original criminal law jurisdiction on the High Court
  3. 3 Whether there is a common law of the Commonwealth relevant to the crime charged

Ratio Decidendi

The Crimes Act 1915 (No. 6 of 1915), by adding conspiracies to defraud the Commonwealth and making the provision retrospective, is a valid exercise of Commonwealth legislative power; original jurisdiction in indictable offences is conferred on the High Court, and the indictment for conspiracy to defraud the Commonwealth discloses an offence at law. The motions to quash the indictment must be refused.

Court Disposition

Motions to quash indictment refused

Orders

  • First question (competence of parliament to enact retrospective criminal legislation) answered in the affirmative
  • Indictment to stand; trial to proceed