Ward v The Queen [1980] HCA 11

Ward v The Queen [1980] HCA 11

The phrase 'the whole watercourse of the said River Murray' in s. V of the Imperial Act 18 & 19 Vict. c.54 means the area between the banks, up to the top of the southern bank, thereby placing the disputed territory where the victim was shot within New South Wales, not Victoria; therefore, Victorian courts had no jurisdiction to hear the case.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / High Court of Australia Appeal From Full Court of Supreme Court of Victoria (court of Criminal Appeal)
Outcome
Appeal allowed; conviction quashed for want of jurisdiction.
Legal Topics
['inter State Boundaries' 'jurisdiction in Criminal Offences' 'interpretation of Imperial Statutes']
['constitutional Law' 'criminal Law' 'statutory Interpretation'] ['inter State Boundaries' 'jurisdiction in Criminal Offences' 'interpretation of Imperial Statutes']

Case Brief

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Procedural Posture

Criminal Appeal / High Court of Australia Appeal From Full Court of Supreme Court of Victoria (court of Criminal Appeal)

Legal Issues

  1. 1 ['Where is the boundary between New South Wales and Victoria, as defined by the River Murray, for the purposes of jurisdiction in criminal matters?' "Does the phrase 'the whole watercourse of the River Murray' in 18 & 19 Vict. c.54 (1855) mean the entire area between the banks or only the current flowing water?"]

Ratio Decidendi

The phrase 'the whole watercourse of the said River Murray' in s. V of the Imperial Act 18 & 19 Vict. c.54 means the area between the banks, up to the top of the southern bank, thereby placing the disputed territory where the victim was shot within New South Wales, not Victoria; therefore, Victorian courts had no jurisdiction to hear the case.

Court Disposition

Appeal allowed; conviction quashed for want of jurisdiction.

Orders

  • ['Appeal allowed.' 'Conviction set aside for want of jurisdiction.' 'No new trial ordered.']