Federal Court of Australia
CATCHWORDS
Crown appeal against sentence - appeal dismissed - application
for costs by respondent - principles applicable.
Court of Petty Sessions Ordinance 1930, section 90A.
Federal Court of Australia Act 1976, section 24,
THE QUEEN
Ve
F.C. No. A.C.T. G22 of 1982
Coram: Toohey, Gallop and Davies JJ. Date: 21 September 1983
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G.22 of 1982 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE QUEEN Appellant AND: Je Respondent ORDER
Judges Making Order: Toohey, Gallop and Davies JJ. Date of Order: 21 September 1983.
Where Made: Canberra.
THE COURT ORDERS:
(1) Application for costs refused.
IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY } GENERAL DIVISION )
No. ACT G22 of 1982
On Appeal from the Supreme Court of the Australian Capital Territory
BETWEEN:
THE QUEEN
Appellant and NS
Respondent
CORAM: TOOHEY, GALLOP and DAVIES JJ. 21 SEPTEMBER 1983
REASONS FOR JUDGMENT
TOOHEY J. IT have read the reasons for judgment of Gallop J. T
agree with his Honour's conclusions and his reasons for those
conclusions.
I would add only this comment. In considering whether the Crown should bear the costs of an unsuccessful appeal against sentence, it may be relevant to consider not only the conduct of the proceedings before the sentencing judge, but also the proceedings before the appellate court. There may be cases where an appeal is so lacking in merit or so devoid of any principle that the Crown should bear the costs of the successful respondent.
But this is not such a case and the ordinary rule should prevail.
The application for costs should be denied.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G22 of 1982 DISTRICT REGISTRY
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate