PM v The Queen [2007] HCA 49

PM v The Queen [2007] HCA 49

The District Court of New South Wales had jurisdiction to deal with the charges laid in the second indictment because the relevant provisions of the Children (Criminal Proceedings) Act 1987 (NSW) do not operate to exclude or limit the District Court's jurisdiction unless explicitly stated. Compliance with s 8 (commencement by court attendance notice) is not a condition of jurisdiction, and the proceedings were in any event so commenced. The power to remit in s 44 only arises if jurisdiction is lacking, which was not the case. Therefore, the remitter order should not have been made and the appeal is dismissed.

Parties
Appellant: PM; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
08 November 2007
Procedural Posture
Criminal Appeal / Judgment of the High Court of Australia on Appeal From the Supreme Court of New South Wales
Outcome
Appeal dismissed.
Legal Topics
Criminal Procedure for Children, Jurisdiction of Children's Court, Powers of DPP in Indictments, Remitter of Proceedings, Summary and Indictable Offences
Criminal Law Juvenile Justice Criminal Procedure for Children Jurisdiction of Children's Court Powers of DPP in Indictments Remitter of Proceedings Summary and Indictable Offences

Case Brief

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Parties

PM

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment of the High Court of Australia on Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the District Court has jurisdiction to try charges against a child involving offences other than a 'serious children's indictable offence' where the Children's Court did not first decline summary disposition.
  2. 2 Whether proceedings must be remitted to the Children's Court if the 'serious children's indictable offence' is not proceeded with and only a lesser charge remains.
  3. 3 Whether the Director of Public Prosecutions has power to file an indictment against a child in respect of offences not being a 'serious children's indictable offence'.

Ratio Decidendi

The District Court of New South Wales had jurisdiction to deal with the charges laid in the second indictment because the relevant provisions of the Children (Criminal Proceedings) Act 1987 (NSW) do not operate to exclude or limit the District Court's jurisdiction unless explicitly stated. Compliance with s 8 (commencement by court attendance notice) is not a condition of jurisdiction, and the proceedings were in any event so commenced. The power to remit in s 44 only arises if jurisdiction is lacking, which was not the case. Therefore, the remitter order should not have been made and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.