Collis v Smith [1909] HCA 53

Collis v Smith [1909] HCA 53

Special leave to appeal is refused because the only issue is an inference of fact from admitted evidence as to whether a 'strong or probable presumption' of the offences is established; such questions do not warrant special leave in criminal matters.

Parties
Appellant: Collis; Respondent: Smith (Septimus W. Smith)
Jurisdiction
Australia
Judgment Date
25 August 1909
Procedural Posture
Motion for Special Leave to Appeal / On Appeal From the Supreme Court of New South Wales Decision on an Application for a Writ of Habeas Corpus
Outcome
Special leave to appeal refused.
Legal Topics
Fugitive Offenders Act 1881, Special Leave to Appeal, Habeas Corpus, Jurisdiction of Magistrate for Committal, Standard of Proof—strong or Probable Presumption
Criminal Law Extradition Fugitive Offenders Act 1881 Special Leave to Appeal Habeas Corpus Jurisdiction of Magistrate for Committal Standard of Proof—strong or Probable Presumption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Collis

Appellant

Smith (Septimus W. Smith)

Respondent

Procedural Posture

Motion for Special Leave to Appeal / On Appeal From the Supreme Court of New South Wales Decision on an Application for a Writ of Habeas Corpus

Legal Issues

  1. 1 Whether evidence before the magistrate raised a 'strong or probable presumption' that the respondent committed an offence under sec. 5 of the Fugitive Offenders Act 1881
  2. 2 Whether special leave to appeal should be granted from a Supreme Court order discharging a fugitive on habeas corpus
  3. 3 Proper construction of 'strong or probable presumption' under the Act

Ratio Decidendi

Special leave to appeal is refused because the only issue is an inference of fact from admitted evidence as to whether a 'strong or probable presumption' of the offences is established; such questions do not warrant special leave in criminal matters.

Court Disposition

Special leave to appeal refused.

Orders

  • Application for special leave to appeal dismissed.