Seaegg v R [1932] HCA 47

Seaegg v R [1932] HCA 47

A person convicted at the Court of Quarter Sessions on indictment for a Commonwealth offence may not appeal to the Supreme Court of New South Wales as a Court of Criminal Appeal under the Criminal Appeal Act 1912 (N.S.W.), as appeals are governed solely by sec. 72 of the Judiciary Act 1903-1927 and not by State...

Source-derived case information.

Parties
Appellant: Phillip Seaegg; Respondent: The King
Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal From the Court of Criminal Appeal of New South Wales, Special Leave Granted
Outcome
appeal dismissed
Legal Topics
Jurisdiction of State Courts, Appeals From State Courts, Commonwealth Offences
Criminal Law Federal Jurisdiction Jurisdiction of State Courts Appeals From State Courts Commonwealth Offences

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Parties

Phillip Seaegg

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Court of Criminal Appeal of New South Wales, Special Leave Granted

Legal Issues

  1. 1 Whether a person convicted on indictment of a Commonwealth offence in a State Court may appeal to the Supreme Court of New South Wales as a Court of Criminal Appeal under the Criminal Appeal Act 1912 (N.S.W.)

Ratio Decidendi

A person convicted at the Court of Quarter Sessions on indictment for a Commonwealth offence may not appeal to the Supreme Court of New South Wales as a Court of Criminal Appeal under the Criminal Appeal Act 1912 (N.S.W.), as appeals are governed solely by sec. 72 of the Judiciary Act 1903-1927 and not by State legislation.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.