Reynolds v Stacy [1957] HCA 9

Reynolds v Stacy [1957] HCA 9

The word "misdemeanour" in s. 27 (1) (a) of the Medical Practitioners Act 1938-1955 N.S.W. is confined to indictable offences and does not include an offence punishable only on summary conviction. The appellant's summary conviction under the Police Offences (Amendment) Act 1908 N.S.W. therefore could not found a complaint under s. 27 (1) (a), and the disciplinary tribunal should be prohibited from further proceeding on that complaint in that form.

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave Concerning Prohibition Against a Medical Disciplinary Tribunal / High Court Appeal From the Full Court of the Supreme Court of New South Wales Discharging a Rule Nisi for Prohibition
Outcome
Appeal allowed.
Legal Topics
['meaning of "misdemeanour"' 'summary Offences and Indictable Offences' 'medical Practitioner Disciplinary Jurisdiction' 'common Law Writ of Prohibition']
['administrative Law' 'medical Practitioner Regulation' 'criminal Law' 'statutory Interpretation'] ['meaning of "misdemeanour"' 'summary Offences and Indictable Offences' 'medical Practitioner Disciplinary Jurisdiction' 'common Law Writ of Prohibition']

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Procedural Posture

Appeal by Special Leave Concerning Prohibition Against a Medical Disciplinary Tribunal / High Court Appeal From the Full Court of the Supreme Court of New South Wales Discharging a Rule Nisi for Prohibition

Legal Issues

  1. 1 ['Whether a summary conviction for failing to keep or cause to be kept a register of drugs was a conviction for a "misdemeanour" within s. 27 (1) (a) of the Medical Practitioners Act 1938-1955 N.S.W.' 'Whether the disciplinary tribunal had jurisdiction to proceed on a complaint based on the proposition that the summary conviction was a misdemeanour within s. 27 (1) (a).']

Ratio Decidendi

The word "misdemeanour" in s. 27 (1) (a) of the Medical Practitioners Act 1938-1955 N.S.W. is confined to indictable offences and does not include an offence punishable only on summary conviction. The appellant's summary conviction under the Police Offences (Amendment) Act 1908 N.S.W. therefore could not found a complaint under s. 27 (1) (a), and the disciplinary tribunal should be prohibited from further proceeding on that complaint in that form.

Court Disposition

Appeal allowed.

Orders

  • ['Order of the Supreme Court discharging rule nisi set aside.' 'In lieu thereof order that the rule nisi be made absolute.' 'The respondent Madgwick to pay the costs of the appeal and the costs of the proceedings in the Supreme Court.']