Williams v R (No 2) [1934] HCA 19

Williams v R (No 2) [1934] HCA 19

The High Court, by an equally divided court, held that sec. 68 of the Judiciary Act 1903-1932 did not operate to confer on the Commonwealth Attorney-General the right of appeal given under sec. 5p of the New South Wales Criminal Appeal Act 1912-1924, and thus the Supreme Court of New South Wales (Court of Criminal Appeal) lacked jurisdiction to increase the sentence upon an appeal by the Commonwealth Attorney-General. Leave to appeal was refused as a result of the equal division.

Parties
Applicant: Williams; Respondent: The King
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal (criminal) / High Court of Australia on Appeal From Court of Criminal Appeal of New South Wales
Outcome
Special leave to appeal refused due to equal division of the Court.
Legal Topics
Appeal Rights, Jurisdiction, Sentence Appeals, Commonwealth Offences
Criminal Law Constitutional Law Appeal Rights Jurisdiction Sentence Appeals Commonwealth Offences

Case Brief

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Parties

Williams

Applicant

The King

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether sec. 68 of the Judiciary Act 1903-1932 operates so as to confer a right of appeal on the Commonwealth Attorney-General to appeal against the inadequacy of sentence;
  2. 2 Whether the State Attorney-General's right under the Criminal Appeal Act 1912-1924 (NSW) can be analogised and extended to the Commonwealth Attorney-General;
  3. 3 Whether the Court of Criminal Appeal of NSW has jurisdiction under Commonwealth law to deal with an appeal by the Commonwealth concerning sentence;

Ratio Decidendi

The High Court, by an equally divided court, held that sec. 68 of the Judiciary Act 1903-1932 did not operate to confer on the Commonwealth Attorney-General the right of appeal given under sec. 5p of the New South Wales Criminal Appeal Act 1912-1924, and thus the Supreme Court of New South Wales (Court of Criminal Appeal) lacked jurisdiction to increase the sentence upon an appeal by the Commonwealth Attorney-General. Leave to appeal was refused as a result of the equal division.

Court Disposition

Special leave to appeal refused due to equal division of the Court.

Orders

  • Application for special leave to appeal refused.