Hinton v The Queen [2000] FCA 1019

Hinton v The Queen [2000] FCA 1019

The Federal Court's appellate jurisdiction under s 24(1)(b) of the Federal Court of Australia Act 1976 (Cth) does not extend to appeals from jury verdicts or unrecorded convictions; a notice of appeal filed before the Supreme Court has entered judgment (e.g. by recording a conviction) is incompetent.

Parties
Appellant: Gregory Martin Hinton; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
01 August 2000
Procedural Posture
Criminal Appeal / Appeal Against Verdict Prior to Conviction and Sentence
Outcome
Notice of appeal dismissed as incompetent; notice of motion struck out for want of jurisdiction.
Legal Topics
Competency of Notice of Appeal, Definition of Judgment Under Federal Court of Australia Act 1976 (cth), Appeals From Jury Verdicts, Jurisdiction of Federal Court in Criminal Appeals
Criminal Law Appellate Procedure Competency of Notice of Appeal Definition of Judgment Under Federal Court of Australia Act 1976 (cth) Appeals From Jury Verdicts Jurisdiction of Federal Court in Criminal Appeals

Case Brief

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Parties

Gregory Martin Hinton

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Verdict Prior to Conviction and Sentence

Legal Issues

  1. 1 Whether the verdict of a jury constitutes a 'judgment' for the purposes of s 24(1)(b) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether a conviction not yet recorded constitutes a 'judgment' susceptible to appeal
  3. 3 Competency of the notice of appeal filed prior to judgment

Ratio Decidendi

The Federal Court's appellate jurisdiction under s 24(1)(b) of the Federal Court of Australia Act 1976 (Cth) does not extend to appeals from jury verdicts or unrecorded convictions; a notice of appeal filed before the Supreme Court has entered judgment (e.g. by recording a conviction) is incompetent.

Court Disposition

Notice of appeal dismissed as incompetent; notice of motion struck out for want of jurisdiction.

Orders

  • The notice of appeal filed on 13 April 2000 be dismissed as incompetent.
  • The notice of motion dated 1 May 2000 be struck out for want of jurisdiction.