McNamara, Peter v. The Queen [1978] FCA 51

ae

CATCHWORDS

Criminal law - Interlocutory appeal - Jurisdiction of Federal Court - Criterion for exercise - Evidence implicating co-accused - Separate trials - Adjournment of trial - Federal Court of Australia Act 1976 (C'th) s,24(1) (b).

PETER McNAMARA v. THE QUEEN

NT No. TNG 5 of 1978

Coram : Brennan, Deane § Toohey JJ.

Sydney 22 June 1978.

CATCHWORDS

Criminal law - Interlocutory appeal - Jurisdiction of

Federal Court ~ Criterion for exercise - Evidence

'implicating co-accused - Separate trials - Adjournment

of trial - Federal Court of Australia Act 1976 (C'th)

s,24(1) (b).

PETER McNAMARA v. THE QUEEN

AT No. TNG 5 of 1978

Coram : Brennan, Deane § Toohey JJ.

Sydney 22 June 1978.

oo

With great respect, therefore, I submit that it is not necessarily inimical to the interests

of the administration of justice generally or in

the Territory for it to be said that his Honour's discretion ought not to be reviewed by this court

at this juncture,

Thank you, your Honours,

BRENNAN, J: The court will adjourn for a short time and will

CWL/

x

UPON R&SUMING:

expect to resume in ten minutes.

BRENNAN, J: We should have liked some time to formulate our

JD/PS /2e Appara

reasons in this matter but the circumstances make it desirable that we give judgment forthwith.

The appellate jurisdiction of this Court under s.24(1)(b) of the Federal Court of Australia Act 1976 appears to be significantly larger than tne jurisdiction ordinarily conferred in criminal matters. At first impression, the jurisdiction extencs to appeals against interlocutory orders made by a court of a Territory in criminal proceedings pending before that court, and we were not invited to read the statutory provisions more narrowly. Section 24(1)'bd) in conferring appellate jurisdiction on this court does not differentiate between final and inter- 1ccutory orders, nor between criminal and civil cases. Assuming the jurisdiction extends to inter- locutory appeals in criminal matters, the jurisdiction is novel. -