R v Murphy [1985] HCA 50

R v Murphy [1985] HCA 50

Section 43 of the Crimes Act applies to attempts to pervert committal proceedings with respect to alleged Commonwealth offences conducted by State magistrates, as such proceedings relate to the judicial power of the Commonwealth; the legislative provisions s. 43 of the Crimes Act, s. 68 of the Judiciary Act, and, while in force, s. 85E of the Crimes Act, are valid laws; and the reserved questions should be remitted to a Full Court of the Supreme Court of New South Wales for determination.

Jurisdiction
Australia
Procedural Posture
Criminal / Reserved Legal Questions Arising After Jury Trial and Before Appeal
Outcome
Questions reserved under s. 72 of the Judiciary Act remitted to a Full Court of the Supreme Court of New South Wales; Section 43 of the Crimes Act applies to committal proceedings for Commonwealth indictable offences, and relevant sections are valid.
Legal Topics
['attempt to Pervert the Course of Justice' 'federal Jurisdiction' 'committal Proceedings' 'validity of Commonwealth Statutes']
['criminal Law' 'constitutional Law'] ['attempt to Pervert the Course of Justice' 'federal Jurisdiction' 'committal Proceedings' 'validity of Commonwealth Statutes']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Reserved Legal Questions Arising After Jury Trial and Before Appeal

Legal Issues

  1. 1 ['Does s. 43 of the Crimes Act 1914 (Cth) apply to attempts to pervert the course of committal proceedings for indictable Commonwealth offences?' 'Are s. 43 of the Crimes Act 1914 (Cth), s. 68 of the Judiciary Act 1903 (Cth), and (prior to its repeal) s. 85E of the Crimes Act valid Commonwealth laws in their application to committal proceedings conducted by State magistrates?' 'Is the reservation and removal of questions under s. 72 and s. 40 of the Judiciary Act procedurally appropriate?']

Ratio Decidendi

Section 43 of the Crimes Act applies to attempts to pervert committal proceedings with respect to alleged Commonwealth offences conducted by State magistrates, as such proceedings relate to the judicial power of the Commonwealth; the legislative provisions s. 43 of the Crimes Act, s. 68 of the Judiciary Act, and, while in force, s. 85E of the Crimes Act, are valid laws; and the reserved questions should be remitted to a Full Court of the Supreme Court of New South Wales for determination.

Court Disposition

Questions reserved under s. 72 of the Judiciary Act remitted to a Full Court of the Supreme Court of New South Wales; Section 43 of the Crimes Act applies to committal proceedings for Commonwealth indictable offences, and relevant sections are valid.

Orders

  • ['Remit the questions reserved under s. 72 of the Judiciary Act to a Full Court of the Supreme Court of New South Wales.' 'Declare that s. 43 of the Crimes Act applies in respect of committal proceedings with respect to indictable offences against the laws of the Commonwealth conducted by a magistrate appointed...