Howard, Robert Charles v Gallagher, Norman Leslie [1986] FCA 468

Howard, Robert Charles v Gallagher, Norman Leslie [1986] FCA 468

Section 191(2) of the Conciliation and Arbitration Act 1904 prescribes both the mode of institution and trial of the proceedings (by judge alone and not by jury), and the Federal Court does not have power to order jury trial for offences prosecuted in that manner.

Parties
Prosecutor: Robert Charles Howard; Defendant: Norman Leslie Sallagher
Jurisdiction
Australia
Judgment Date
27 October 1986
Procedural Posture
Criminal Prosecution for Offence Against S.152(1)(d)(ii) of the Conciliation and Arbitration Act 1904 / Motion for Trial by Jury; Reasons for Judgment on Application
Outcome
Motions for trial by jury dismissed
Legal Topics
Trial by Jury, Mode of Criminal Prosecution, Federal Jurisdiction, Offences Under Conciliation and Arbitration Legislation
Criminal Law Industrial Law Trial by Jury Mode of Criminal Prosecution Federal Jurisdiction Offences Under Conciliation and Arbitration Legislation

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Parties

Robert Charles Howard

Prosecutor

Norman Leslie Sallagher

Defendant

Procedural Posture

Criminal Prosecution for Offence Against S.152(1)(d)(ii) of the Conciliation and Arbitration Act 1904 / Motion for Trial by Jury; Reasons for Judgment on Application

Legal Issues

  1. 1 Whether trial by jury is available in a prosecution for an offence under s.152(1)(d)(ii) of the Conciliation and Arbitration Act 1904 commenced by summons upon information without indictment
  2. 2 Whether the Federal Court of Australia has power to order a jury trial in such a proceeding

Ratio Decidendi

Section 191(2) of the Conciliation and Arbitration Act 1904 prescribes both the mode of institution and trial of the proceedings (by judge alone and not by jury), and the Federal Court does not have power to order jury trial for offences prosecuted in that manner.

Court Disposition

Motions for trial by jury dismissed

Orders

  • Application for trial by jury dismissed in each proceeding