Parsons v R [1957] HCA 75

Parsons v R [1957] HCA 75

'Capital offence' in s. 55(2) of the Jury Act 1912-1951 (N.S.W.) refers to offences punishable by death at the time of trial, not at the time of the Act's enactment. Since the Crimes (Amendment) Act 1955 (N.S.W.) replaced the death penalty for murder with penal servitude for life, murder ceased to be a capital offence, and the applicant was entitled only to eight peremptory challenges.

Parties
Applicant: William John Parsons; Respondent: The Queen
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal (criminal) / Application to the High Court From the Court of Criminal Appeal of New South Wales
Outcome
Special leave to appeal refused.
Legal Topics
Murder, Peremptory Challenges, Interpretation of 'capital Offence', Penal Servitude Versus Capital Punishment
Criminal Law Jury Procedure Murder Peremptory Challenges Interpretation of 'capital Offence' Penal Servitude Versus Capital Punishment

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Parties

William John Parsons

Applicant

The Queen

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal) / Application to the High Court From the Court of Criminal Appeal of New South Wales

Legal Issues

  1. 1 Whether the applicant was entitled to twenty peremptory challenges under s. 55(2) of the Jury Act 1912-1951 (N.S.W.) upon trial for murder after the abolition of the death penalty by Crimes (Amendment) Act 1955 (N.S.W.)
  2. 2 Whether 'capital offence' in s. 55(2) refers to offences formerly but not currently punishable by death

Ratio Decidendi

'Capital offence' in s. 55(2) of the Jury Act 1912-1951 (N.S.W.) refers to offences punishable by death at the time of trial, not at the time of the Act's enactment. Since the Crimes (Amendment) Act 1955 (N.S.W.) replaced the death penalty for murder with penal servitude for life, murder ceased to be a capital offence, and the applicant was entitled only to eight peremptory challenges.

Court Disposition

Special leave to appeal refused.

Orders

  • Application for special leave to appeal refused.