MacDonald v R [1935] HCA 18

MacDonald v R [1935] HCA 18

Evidence of accused's bad character when character not raised was inadmissible, and its admission constituted an error warranting conviction to be set aside; presence at hearing without objection suffices for jurisdiction despite absence of warrant or summons.

Parties
Applicant: Norman MacDonald; Respondent: The King
Jurisdiction
Australia
Procedural Posture
Criminal / Appeal From Supreme Court of New South Wales on Special Leave to High Court
Outcome
Appeal allowed
Legal Topics
Habitual Consorting, Character Evidence, Jurisdiction of Magistrate, Vagrancy, Admissibility of Evidence
Criminal Law Habitual Consorting Character Evidence Jurisdiction of Magistrate Vagrancy Admissibility of Evidence

Case Brief

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Parties

Norman MacDonald

Applicant

The King

Respondent

Procedural Posture

Criminal / Appeal From Supreme Court of New South Wales on Special Leave to High Court

Legal Issues

  1. 1 Whether a magistrate can convict without warrant or summons if not objected to at hearing under Justices Act 1902 s133(1)
  2. 2 Whether there was evidence to support habitual consorting with reputed criminals under Vagrancy Act 1902 s4(1)(j)
  3. 3 Whether evidence of accused's bad character was admissible when character not raised under Crimes Act 1900 s412

Ratio Decidendi

Evidence of accused's bad character when character not raised was inadmissible, and its admission constituted an error warranting conviction to be set aside; presence at hearing without objection suffices for jurisdiction despite absence of warrant or summons.

Court Disposition

Appeal allowed

Orders

  • Order of Supreme Court (Maxwell J.) discharged
  • Conviction set aside