Federal Court of Australia
'1%
CATCHWORDS
Criminal Law - assault accompanied by circumstances of aggravation ~- evidence not adduced in earlier proceedings - whether s.176A(1) of the Justices Act (N.T.) should have
peen considered by judge in Supreme Court - whether an
offence of aggravated assault is created by provisions of the Justices Act - meaning of "inelude" in s.131D(1) of Justices Act - whether the throwing of a billiard ball
at short range can constitute a circumstance of aggravation
Justices Act (N.T.) ss. 4, 131B, 131C, 131D, 176A(1), 176A(2)
Federal Court of Australia Act 1976 (Cth) s.28
GERALD RAYMOND BUCKLE v. WILLIAM EDWARD JOSEPHS
No. N.T. G17 of 1982
CORAM: Forster, Toohey & Lockhart JJ.
Darwin
3 June 1983
IN THE FEDERAL COURT ) OF AUSTRALIA ) NORTHERN TERRITORY ) No. NT G17 of 1982 DISTRICT REGISTRY ) GENERAL DIVISION )
ON APPEAL FROM THE SUPREME COURT OF THE NORTITIERN TERRITORY OF AUSTRALIA S.C.C. 18 of 1982
BETWEEN
GERALD RAYMOND BUCKLE
Appellant and
WILLIAM EDWARD JOSEPIIS
Respondent
O R D E R JUDGES MAKING ORDER H Forster, Toohey & Lockhart JJ. DATE OF ORDER 3 3 June 1983 WHERE MADE : Darwin THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The matter is remitted to the Supreme Court of the
Northern Territory for a- rehearing of the appeal from the Court of Summary Jurisdiction with a direction that the Court entertain an application by the appellant, pursuant to sub-sections (1) and (2) of section 176A of the Justices Act, to receive
the evidence, if tendered, of Rodney James Huddlestone.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
) ) ; No. NTG 17 of 1982 )
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA
No. §.C.C. 18 of 1982
BETWEEN: GERALD RAYMOND BUCKLE
Appellant
AND: WILLIAM EDWARD JOSEPHS
CORAM. Forster, Toohey, Lockhart JJ.
3 June 1983
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