MCCOLL V. MCLERNON

MCCOLL V. MCLERNON

This case was unmeritorious and did not warrant the grant of special leave to appeal; there was evidence to support a finding of joint possession and no sufficient ground to allow an appeal based on the arguments raised, including those concerning the Justices Act.

Parties
Applicant: McColl; Respondent: McLernon; Other: Beer
Jurisdiction
Australia
Judgment Date
02 October 1947
Procedural Posture
Application for Special Leave to Appeal
Outcome
Application refused
Legal Topics
Possession of Gold, Appeals, Powers Under Justices Act (wa)
Criminal Law Possession of Gold Appeals Powers Under Justices Act (wa)

Case Brief

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Parties

McColl

Applicant

McLernon

Respondent

Beer

Other

Procedural Posture

Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether special leave to appeal should be granted
  2. 2 Whether there was evidence of joint possession of gold by McColl and Beer
  3. 3 Whether the Full Court had the power to deal with a sentence upon review under the Justices Act

Ratio Decidendi

This case was unmeritorious and did not warrant the grant of special leave to appeal; there was evidence to support a finding of joint possession and no sufficient ground to allow an appeal based on the arguments raised, including those concerning the Justices Act.

Court Disposition

Application refused

Orders

  • Application refused.
  • No order as to costs.