R v Johnstone [1945] HCA 25

R v Johnstone [1945] HCA 25

Convictions for simple larceny and stealing from the person entered summarily under s. 501 of the Crimes Act 1900-1929 qualify as convictions for offences within class (V) of the schedule to the Habitual Criminals Act 1905 (N.S.W.) for the purpose of making a habitual criminal declaration. Section 501 is a jurisdictional provision and does not create new offences.

Parties
Applicant Appellant: The King; Respondent: Hilton Lawrence Johnstone
Jurisdiction
Australia
Procedural Posture
Criminal / High Court of Australia Application for Special Leave to Appeal and Appeal From Court of Criminal Appeal of New South Wales
Outcome
Appeal allowed
Legal Topics
Habitual Criminal, Simple Larceny, Stealing From the Person, Summary Conviction, Interpretation of Habitual Criminals Act 1905 (n.s.w.), Interpretation of Crimes Act 1900 1929 (n.s.w.)
Criminal Law Habitual Criminal Simple Larceny Stealing From the Person Summary Conviction Interpretation of Habitual Criminals Act 1905 (n.s.w.) Interpretation of Crimes Act 1900 1929 (n.s.w.)

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Parties

The King

Applicant Appellant

Hilton Lawrence Johnstone

Respondent

Procedural Posture

Criminal / High Court of Australia Application for Special Leave to Appeal and Appeal From Court of Criminal Appeal of New South Wales

Legal Issues

  1. 1 Whether convictions for simple larceny and stealing from the person, obtained summarily under s. 501 of the Crimes Act 1900-1929 (N.S.W.), are convictions for offences 'comprised in' class (V) of the schedule to the Habitual Criminals Act 1905 (N.S.W.) for the purposes of an habitual criminal declaration

Ratio Decidendi

Convictions for simple larceny and stealing from the person entered summarily under s. 501 of the Crimes Act 1900-1929 qualify as convictions for offences within class (V) of the schedule to the Habitual Criminals Act 1905 (N.S.W.) for the purpose of making a habitual criminal declaration. Section 501 is a jurisdictional provision and does not create new offences.

Court Disposition

Appeal allowed

Orders

  • Special leave to appeal granted.
  • Appeal allowed.