Knezevic, L. v. Markovic, D. [1985] FCA 106

Knezevic, L. v. Markovic, D. [1985] FCA 106

Section 556 of the Crimes Act 1900 (NSW), as applied in the Australian Capital Territory at the relevant time, barred both civil and criminal proceedings for the same cause upon summary conviction and satisfaction of the conditions set out in the section. The words 'shall not be liable to any other proceeding for the same cause' were found to encompass civil proceedings, based on statutory language, legislative history, and context. Accordingly, the defence relying on s.556 should not have been struck out.

Parties
Appellant: Lyubomir Knezevic; Respondent: Djordje Markovic
Jurisdiction
Australia
Judgment Date
27 March 1985
Procedural Posture
Civil Appeal / Appeal From Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed
Legal Topics
Assault, Summary Proceedings, Barring of Civil Proceedings After Criminal Conviction, Statutory Interpretation
Criminal Law Tort Law Procedure Assault Summary Proceedings Barring of Civil Proceedings After Criminal Conviction Statutory Interpretation

Case Brief

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Parties

Lyubomir Knezevic

Appellant

Djordje Markovic

Respondent

Procedural Posture

Civil Appeal / Appeal From Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Does s.556 of the Crimes Act 1900 (NSW), as applied in the ACT, bar civil as well as criminal proceedings for the same cause?
  2. 2 How should s.556 be construed in light of legislative history and statutory amendments?

Ratio Decidendi

Section 556 of the Crimes Act 1900 (NSW), as applied in the Australian Capital Territory at the relevant time, barred both civil and criminal proceedings for the same cause upon summary conviction and satisfaction of the conditions set out in the section. The words 'shall not be liable to any other proceeding for the same cause' were found to encompass civil proceedings, based on statutory language, legislative history, and context. Accordingly, the defence relying on s.556 should not have been struck out.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The order of the Supreme Court of the Australian Capital Territory made on 2 March 1984 is set aside.