Keetley v Bowie [1951] HCA 56

Keetley v Bowie [1951] HCA 56

No appeal lies to the Supreme Court from the dismissal by a magistrate of a charge for a minor indictable offence under s. 163(1) of the Justices Ordinance 1928-1939 N.T., and the order allowing such an appeal is incompetent.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Decision
Outcome
Appeal allowed
Legal Topics
['appeals' 'summary Jurisdiction' 'minor Indictable Offences']
['criminal Law' 'procedural Law'] ['appeals' 'summary Jurisdiction' 'minor Indictable Offences']

Case Brief

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Procedural Posture

Appeal / High Court Decision

Legal Issues

  1. 1 ['Whether an appeal lies to the Supreme Court of the Northern Territory from dismissal by a magistrate of a charge for a minor indictable offence under the Justices Ordinance 1928-1939 N.T.']

Ratio Decidendi

No appeal lies to the Supreme Court from the dismissal by a magistrate of a charge for a minor indictable offence under s. 163(1) of the Justices Ordinance 1928-1939 N.T., and the order allowing such an appeal is incompetent.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Supreme Court of the Northern Territory discharged' 'In lieu thereof, order that the appeal from the Court of Summary Jurisdiction at Darwin be dismissed with costs as incompetent']