Williams v R (No 1) [1933] HCA 54

Williams v R (No 1) [1933] HCA 54

The Attorney-General of New South Wales does not have the right to appeal against a sentence for a Commonwealth offence, either under State law (Criminal Appeal Act 1912-1924 (N.S.W.), sec. 5p) or by virtue of a Commonwealth commission under sec. 69 of the Judiciary Act 1903-1932. Such an appeal can only properly be instituted by the Attorney-General of the Commonwealth. Therefore, the appeal to the Court of Criminal Appeal by the State Attorney-General was incompetent and must be set aside.

Parties
Applicant: Harold Roy Williams; Respondent: The King
Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal to High Court of Australia From Court of Criminal Appeal of New South Wales
Outcome
Appeal allowed
Legal Topics
Federal Jurisdiction, Appeals Against Sentence, Right of Crown to Appeal, Prosecution of Commonwealth Offences
Criminal Law Constitutional Law Federal Jurisdiction Appeals Against Sentence Right of Crown to Appeal Prosecution of Commonwealth Offences

Case Brief

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Parties

Harold Roy Williams

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court of Australia From Court of Criminal Appeal of New South Wales

Legal Issues

  1. 1 Whether the Attorney-General of New South Wales was competent to appeal against the sentence for a Commonwealth indictable offence under sec. 5p of the Criminal Appeal Act 1912-1924 (N.S.W.) and secs. 68 and 69 of the Judiciary Act 1903-1932.

Ratio Decidendi

The Attorney-General of New South Wales does not have the right to appeal against a sentence for a Commonwealth offence, either under State law (Criminal Appeal Act 1912-1924 (N.S.W.), sec. 5p) or by virtue of a Commonwealth commission under sec. 69 of the Judiciary Act 1903-1932. Such an appeal can only properly be instituted by the Attorney-General of the Commonwealth. Therefore, the appeal to the Court of Criminal Appeal by the State Attorney-General was incompetent and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Application for special leave to appeal granted.
  • Appeal allowed.