Ross v The Queen [1979] HCA 29

Ross v The Queen [1979] HCA 29

Aggravated assault under s. 344 of the Criminal Code Q. is not a separate simple offence but an assault, a misdemeanour and therefore an indictable offence, for which summary conviction affects punishment but not the statutory nature of the offence. Accordingly, a person convicted summarily before a Children's Court of aggravated assault has a right of appeal to the Court of Criminal Appeal under s. 673 and s. 668D of the Criminal Code and under s. 29(7)(c) of the Children's Services Act, and s. 659 does not remove that right.

Jurisdiction
Australia
Procedural Posture
Criminal Special Leave Application and Appeal / High Court of Australia Application for Special Leave to Appeal From the Queensland Court of Criminal Appeal and Appeal
Outcome
Application for special leave to appeal granted. Appeal allowed and order of the Queensland Court of Criminal Appeal set aside. Matter remitted to that Court to enable the appeal to that Court to be heard.
Legal Topics
['right of Appeal From Summary Conviction' 'indictable Offence' 'aggravated Assault' "children's Court" 'queensland Criminal Code']
['criminal Law' 'criminal Procedure' 'appellate Jurisdiction' 'statutory Interpretation'] ['right of Appeal From Summary Conviction' 'indictable Offence' 'aggravated Assault' "children's Court" 'queensland Criminal Code']

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Procedural Posture

Criminal Special Leave Application and Appeal / High Court of Australia Application for Special Leave to Appeal From the Queensland Court of Criminal Appeal and Appeal

Legal Issues

  1. 1 ["Whether the Court of Criminal Appeal of Queensland had jurisdiction to entertain an appeal by a person convicted before a Children's Court constituted by a stipendiary magistrate on a charge of aggravated assault under s. 344 of the Criminal Code Q." "Whether aggravated assault under s. 344 of the Criminal Code Q. is an indictable offence for the purposes of appeal rights under s. 29(7)(c) of the Children's Services Act, 1965 Q. and s. 673 of the Criminal Code." 'Whether s. 659 of the Criminal Code deprived a person summarily convicted of an indictable offence of the appeal rights otherwise conferred.']

Ratio Decidendi

Aggravated assault under s. 344 of the Criminal Code Q. is not a separate simple offence but an assault, a misdemeanour and therefore an indictable offence, for which summary conviction affects punishment but not the statutory nature of the offence. Accordingly, a person convicted summarily before a Children's Court of aggravated assault has a right of appeal to the Court of Criminal Appeal under s. 673 and s. 668D of the Criminal Code and under s. 29(7)(c) of the Children's Services Act, and s. 659 does not remove that right.

Court Disposition

Application for special leave to appeal granted. Appeal allowed and order of the Queensland Court of Criminal Appeal set aside. Matter remitted to that Court to enable the appeal to that Court to be heard.

Orders

  • ['Application for special leave to appeal granted.' 'Appeal allowed and order of the Queensland Court of Criminal Appeal set aside.' 'Order that the matter be remitted to that Court to enable the appeal to that Court to be heard.']