Hudi, Vladimir v Chung, Graham George [1981] FCA 87

IN THE FEDERAL COURT OF AUSTRALIA ) ) NORTHERN TERRITORY DISTRICT REGISTRY ) No. NTG. 31 of 1980 ) GENERAL DIVISION ) BETWEEN: VLADIMIR HUDI Appellant and GRAHAM GEORGE CHUNG Respondent FOX J REASONS FOR JUDGMENT 4 FEBRUARY 1981 (EX TEMPORE) FOX J: The judgment and reasons for judgment I am about to

deliver are those of the court.

The appellant, Vladimir Hudi, appealed against an order of the Chief Justice of the Supreme Court of the Northern Territory pronounced on 27 October last at Alice Springs, when an appeal by him from an order of the Special Magistrate was dismissed.

The appellant was originally charged with two offences, the first being that on 11 September 1980 at Docker River he sold liquor without being authorised so to

do contrary to the provisions of 115 of the Liquor

Act. He was further charged with taking liquor

on to the reserve at Docker River without prior approval of the person in charge of the reserve, contrary to the provisions of section 140E(1) of the Licensing Ordinance. The appellant by his counsel pleaded guilty to both offences. He was sentenced

to three months' imprisonment on the first charge.

On the second charge he was fined $1000, in default

of payment 40 days' imprisonment.

At the outset of the appeal to the Supreme Court it was common ground that the Special Magistrate had exceeded his jurisdiction in imposing a fine of $1000 on the second charge. The section in question provided a maximum penalty of $200. A summons had been taken out seeking an order of certiorari, and with the consent of the parties his Honour quashed the penalty. In the circumstances this seemed an appropriate course to adopt. Nevertheless, the appellant in his notice of appeal to this court submits that because of close identity between the two charges, the Special Magistrate erred in proceeding to a conviction and entering penalty upon the second charge pending the disposal of the appeal on the first, and he now seeks the directions of this court concerning the disposal of the second charge.