Yates, F.E. v Wilson, B. & Anor / Director of Public Prosecution [1988] FCA 378

Yates, F.E. v Wilson, B. & Anor / Director of Public Prosecution [1988] FCA 378

The charges as worded were capable in law of constituting breaches of s. 29A(2) of the Crimes Act 1914 (Cth) and s. 178BA of the Crimes Act 1900 (NSW); the Magistrate had material before him from which to draw necessary inferences for committal; thus, the application to quash committal must be dismissed.

Jurisdiction
Australia
Judgment Date
23 June 1988
Procedural Posture
Judicial Review Application / Judgment on Application to Quash Committal for Trial
Outcome
Application dismissed
Legal Topics
['judicial Review of Committal' 'construction of Criminal Offences' 'intent to Defraud' 'false Pretences' 'committal Proceedings']
['administrative Law' 'criminal Law'] ['judicial Review of Committal' 'construction of Criminal Offences' 'intent to Defraud' 'false Pretences' 'committal Proceedings']

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Procedural Posture

Judicial Review Application / Judgment on Application to Quash Committal for Trial

Legal Issues

  1. 1 ['Whether the charges under s. 29A(2) of the Crimes Act 1914 (Cth) disclosed an offence known to law' 'Whether the charge under s. 178BA of the Crimes Act 1900 (NSW) was supported by sufficient evidence for committal' 'Whether the Magistrate had sufficient evidence to commit the applicant for trial']

Ratio Decidendi

The charges as worded were capable in law of constituting breaches of s. 29A(2) of the Crimes Act 1914 (Cth) and s. 178BA of the Crimes Act 1900 (NSW); the Magistrate had material before him from which to draw necessary inferences for committal; thus, the application to quash committal must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['Application dismissed' 'Applicant to pay costs of the second and third respondents and costs of the first respondent on a submitting appearance only']