Keetley v Bowie [1951] HCA 56

Keetley v Bowie [1951] HCA 56

Section 163(1) of the Justices Ordinance 1928-1939 (N.T.) does not confer a right of appeal from an order dismissing an information for a charge dealt with as a minor indictable offence; the wording and legislative history indicate appeals in such cases are excluded.

Parties
Appellant; Defendant: Keetley; Informant; Respondent: Bowie
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Northern Territory Supreme Court
Outcome
appeal allowed
Legal Topics
Right of Appeal, Summary Jurisdiction, Minor Indictable Offences
Criminal Law Procedure Right of Appeal Summary Jurisdiction Minor Indictable Offences

Case Brief

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Parties

Keetley

Appellant; Defendant

Bowie

Informant; Respondent

Procedural Posture

Appeal / High Court Appeal From Northern Territory Supreme Court

Legal Issues

  1. 1 Whether s. 163(1) of the Justices Ordinance 1928-1939 (N.T.) confers a right of appeal to the Supreme Court from an order dismissing a charge dealt with as a minor indictable offence

Ratio Decidendi

Section 163(1) of the Justices Ordinance 1928-1939 (N.T.) does not confer a right of appeal from an order dismissing an information for a charge dealt with as a minor indictable offence; the wording and legislative history indicate appeals in such cases are excluded.

Court Disposition

appeal allowed

Orders

  • Order of the Supreme Court of the Northern Territory discharged.
  • Order that the appeal from the Court of Summary Jurisdiction at Darwin be dismissed with costs as incompetent.