Peel v The Queen [1971] HCA 59

By majority, the High Court held that the application by the Attorney-General of the Commonwealth to the Court of Criminal Appeal to vary the sentence was competent. However, the special leave to appeal was refused, leaving the orders of the Court of Criminal Appeal standing.

Jurisdiction: Australia
Procedural Posture: Application for Special Leave to Appeal / Decision on Grant of Special Leave
Outcome: special leave to appeal refused
Legal Topics: ['appeal Against Sentence' 'jurisdiction of Court of Criminal Appeal' 'federal Jurisdiction in State Courts' "attorney General's Right of Appeal"]

['criminal Law' 'statutory Interpretation'] ['appeal Against Sentence' 'jurisdiction of Court of Criminal Appeal' 'federal Jurisdiction in State Courts' "attorney General's Right of Appeal"]

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

Procedural Posture

Application for Special Leave to Appeal / Decision on Grant of Special Leave

Legal Issues

1 ['Whether the Attorney-General of the Commonwealth is competent to appeal to the Court of Criminal Appeal of New South Wales against a sentence imposed for an offence against Commonwealth law' 'Whether s. 68(2) of the Judiciary Act 1903-1959 Cth read with s. 5D of the Criminal Appeal Act, 1912 NSW confers such a right and jurisdiction' 'Whether special leave to appeal should be granted']

Ratio Decidendi

Court Disposition

special leave to appeal refused

Orders

['Special leave to appeal refused' 'Orders of the Court of Criminal Appeal stand']