R v Sing [1911] HCA 48

R v Sing [1911] HCA 48

The recognizance was validly taken before a justice of the peace as this is a procedural matter under s68(1) of the Judiciary Act 1903; there is no requirement it be taken before a Police Magistrate. The defendants’ objection fails.

Parties
Plaintiffs: The King and the Commonwealth; Defendant: Henry Thom Sing; Defendant: Lew You; Subject of Recognizance: Ah Chin
Jurisdiction
Australia
Judgment Date
26 September 1911
Procedural Posture
Application for Final Judgment on an Estreated Recognizance / Summons for Liberty to Enter Final Judgment; Hearing at First Instance
Outcome
Leave to sign final judgment with costs granted.
Legal Topics
Recognizance, Authority of Justice of the Peace, Summary Conviction Procedure, Bail, Judiciary Act 1903 S68, Immigration Restriction Acts
Criminal Law Procedure Immigration Law Recognizance Authority of Justice of the Peace Summary Conviction Procedure Bail Judiciary Act 1903 S68 +1 more

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Parties

The King and the Commonwealth

Plaintiffs

Henry Thom Sing

Defendant

Lew You

Defendant

Ah Chin

Subject of Recognizance

Procedural Posture

Application for Final Judgment on an Estreated Recognizance / Summons for Liberty to Enter Final Judgment; Hearing at First Instance

Legal Issues

  1. 1 Whether a justice of the peace in Tasmania was authorised to take a recognizance in a Commonwealth prosecution under s68 of the Judiciary Act 1903
  2. 2 Whether the recognizance was invalid because it was not acknowledged before a Police Magistrate

Ratio Decidendi

The recognizance was validly taken before a justice of the peace as this is a procedural matter under s68(1) of the Judiciary Act 1903; there is no requirement it be taken before a Police Magistrate. The defendants’ objection fails.

Court Disposition

Leave to sign final judgment with costs granted.

Orders

  • Applicant may enter final judgment with costs.