Alexander v Donohoe [1906] HCA 86

Alexander v Donohoe [1906] HCA 86

The High Court has power under sec. 37 of the Judiciary Act 1903 to amend a conviction by adding a term of imprisonment in the alternative; as neither party sought this amendment, the appeal was dismissed and the conviction was not disturbed.

Parties
Appellant; Defendant: Alexander; Respondent; Complainant: Donohoe
Jurisdiction
Australia
Judgment Date
21 December 1906
Procedural Posture
Prohibition (treated as Appeal) / High Court Appellate Review
Outcome
appeal dismissed with costs
Legal Topics
Immigration Restriction, Jurisdiction of Magistrates, Summary Conviction, Penalty Enforcement, Appellate Procedure, Costs, Amendment of Convictions
Immigration Law Criminal Procedure Immigration Restriction Jurisdiction of Magistrates Summary Conviction Penalty Enforcement Appellate Procedure Costs +1 more

Case Brief

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Parties

Alexander

Appellant; Defendant

Donohoe

Respondent; Complainant

Procedural Posture

Prohibition (treated as Appeal) / High Court Appellate Review

Legal Issues

  1. 1 Whether a magistrate has jurisdiction to award costs when exercising federal jurisdiction under the Immigration Restriction Acts.
  2. 2 Whether a conviction under sec. 9 of the Immigration Restriction Act 1901 is defective if it fails to impose a term of imprisonment in default of payment of a fine.
  3. 3 Whether the High Court has power under sec. 37 of the Judiciary Act 1903 to amend such a conviction.

Ratio Decidendi

The High Court has power under sec. 37 of the Judiciary Act 1903 to amend a conviction by adding a term of imprisonment in the alternative; as neither party sought this amendment, the appeal was dismissed and the conviction was not disturbed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed.
  • Conviction stands.