Federal Court of Australia
CATCHWORDS
Criminal Law - Double Jeopardy - Appeal by prosecution from acquittal - Acquittal obtained on appeal by way of re-hearing from conviction at first instance - Whether acquittal "on the merits"' - Whether appeal by prosecution competent - Section 24(1)(b) of the
Federal Court of Australia Act 1976.
Commonwealth of Australia Constitution Act ~ s.73.
Federal Court of Australia Act 1976 - s.24(1)(b). Justices Act (N.T.) - sections 163, 176, 176A, 177.
Supreme Court Act 1979 (N.T.) ~ s.21.
THOMAS JOHN DAVERN v. HARRY MESSEL
No. NTG 7 of 1982.
Fox, Sheppard and Morling JJ. 25 February 1983.
Sydney.
hese 5
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
No. NIG 7 of 1982
ON APPEAL FROM THE SUPREME COURT
OF THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN:
THOMAS JOHN DAVERN Appellant
AND:
HARRY MESSEL
Respondent ORDER JUDGES : Fox, Sheppard and Morling JJ. DATE OF ORDER: 25 February 1983
WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The appeal be dismissed as incompetent.
2. The appellant pay the respondent's costs of
the appeal.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
No. NTG 7 of 1982
ON APPEAL FROM THE
SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
BETWEEN:
THOMAS JOHN DAVERN
Appellant
AND: HARRY MESSEL
Respondent
Coram: Fox, Sheppard and Morling JJ.
REASONS FOR JUDGMENT
FOX J.
monger soe week -
This is an objection to the competency of an appeal. If
competent, the appeal will come to this Court as of right. It is
taken from a judgment of the Supreme Court of the Northern
Territory (Gallop J.). His Honour heard together appeals by a defendant (Professor Messel, the respondent before us) against
convictions in the Court of Petty Sessions on four charges
brought by the complainant (Mr. Davern, the intending appellant
before us).
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