Vescio v Honourable John Hatzistergos (NSW Attorney General) [2008] FCA 332

Vescio v Honourable John Hatzistergos (NSW Attorney General) [2008] FCA 332

The Federal Court lacks jurisdiction to hear and determine criminal prosecutions of the kind instituted by Mr Vescio, as no Commonwealth legislation confers such jurisdiction.

Parties
Prosecutor: Carmelo Michael Vescio; First Defendant: Honourable John Hatzistergos (NSW Attorney General); Second Defendant: Honourable Kristina Keneally (NSW Minister for Ageing); Third Defendant: Angela D'Amore (State Member for Drummoyne); Fourth Defendant: Diane Robinson (President of the Guardianship Tribunal); Fifth Defendant: Ken Gabb (The Protective Commissioner); Sixth Defendant: Catherine Lay; Seventh Defendant: Amanda McDonough (Public Guardian Regional Officer)
Jurisdiction
Australia
Judgment Date
13 March 2008
Procedural Posture
Private Criminal Prosecution / Motion to Strike Out for Want of Jurisdiction
Outcome
Dismissed for want of jurisdiction
Legal Topics
Jurisdiction of Federal Court, Criminal Jurisdiction, Private Prosecutions
Federal Jurisdiction Jurisdiction of Federal Court Criminal Jurisdiction Private Prosecutions

Case Brief

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Parties

Carmelo Michael Vescio

Prosecutor

Honourable John Hatzistergos (NSW Attorney General)

First Defendant

Honourable Kristina Keneally (NSW Minister for Ageing)

Second Defendant

Angela D'Amore (State Member for Drummoyne)

Third Defendant

Diane Robinson (President of the Guardianship Tribunal)

Fourth Defendant

Ken Gabb (The Protective Commissioner)

Fifth Defendant

Catherine Lay

Sixth Defendant

Amanda McDonough (Public Guardian Regional Officer)

Seventh Defendant

Procedural Posture

Private Criminal Prosecution / Motion to Strike Out for Want of Jurisdiction

Legal Issues

  1. 1 Does the Federal Court have jurisdiction to hear private criminal prosecutions alleging offences under s 43(1) Crimes Act 1914 (Cth)?

Ratio Decidendi

The Federal Court lacks jurisdiction to hear and determine criminal prosecutions of the kind instituted by Mr Vescio, as no Commonwealth legislation confers such jurisdiction.

Court Disposition

Dismissed for want of jurisdiction

Orders

  • The proceedings be dismissed for want of jurisdiction.
  • The Prosecutor pay the costs of the Defendants.