Marlow, J.A. v The Queen [1987] FCA 669

Marlow, J.A. v The Queen [1987] FCA 669

The Children's Court had no power to commit for sentence as distinct from committing for trial, and the legal process prescribed by the Child Welfare Ordinance 1957 must be followed.

Parties
Appellant: John Alexander Marlow; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
18 September 1987
Procedural Posture
Criminal Appeal / Appeal From Sentence Imposed by Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed; conviction and sentence set aside; matter remitted to the Children's Court to be dealt with in accordance with law.
Legal Topics
Committal Procedures, Child Welfare Ordinance 1957, Powers of Children's Court
Criminal Law Children's Law Committal Procedures Child Welfare Ordinance 1957 Powers of Children's Court

Case Brief

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Parties

John Alexander Marlow

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sentence Imposed by Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the Children's Court had power to commit a young person for sentence as distinct from committing for trial

Ratio Decidendi

The Children's Court had no power to commit for sentence as distinct from committing for trial, and the legal process prescribed by the Child Welfare Ordinance 1957 must be followed.

Court Disposition

Appeal allowed; conviction and sentence set aside; matter remitted to the Children's Court to be dealt with in accordance with law.

Orders

  • The appeal be allowed.
  • Conviction and sentence be set aside.