Federal Court of Australia
CATCHWORDS
CRIMINAL LAW - Practice and procedure - Information - Ordinance proscribing conduct - General provision that contravention or failure to comply with provision of Ordinance constitutes an offence - Statutory defences prescribed - Meaning of "an offence against" a provision of the Ordinance ~- Whether information disclosed an offence known to the law,
Liquor Ordinance 1975 (A.C.T.), ss.80, 103 Court of Petty Sessions Ordinance 1930, s.27
Beckwith v. The Queen, (1976) 135 C.L.R. 569. Parmeter v. Proctor, (1949) 66 W.N. 48.
Ex parte N. Ormsby & Sons Pty. Ltd.; Re Mason, (1964) 81 W.N. (Pt.1) (N.S.W.) 286.
Robins v. Orton, (1980) 3 N.T.R. 1.
Reg. v. The Australian Industrial Court; Ex parte C.L.M. Holdings Pty. Ltd., (1977) 136 C.L.R. 235.
Barton v. Croner Trading Pty. Ltd. (Full Court of the Federal Court — unreported - 19 July 1984).
Thompson v. Riley McKay Pty. Ltd. (No.2), (1980) 42 F.L.R. 279.
R. v. Holloway Prison, (1916) 85 L.J.K.B. 689.
No. ACT G11 of 1984
PAUL MICHAEL LUFF v. ROBERT WILLIAM MCHARG
McGregor, Kelly and Neaves JJ. Canberra
14 August 1984
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
No. ACT Gil of 1984
GENERAL DIVISION
Ne ed
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN : PAUL MICHAEL LUFF Appellant AND: ROBERT WILLIAM McHARG Respondent ORDER JUDGES MAKING ORDER: McGregor, Kelly and Neaves JJ. DATE OF ORDER: 14 August 1984 WHERE MADE: Canberra, A.C.1.
THE COURT ORDERS THAT:
1. 2.
The appeal be allowed.
The respondent's appeal against his conviction
by the Court of Petty Sessions and against the penalty imposed in respect of that conviction
be remitted to the Supreme Court of the Australian
Capital Territory to be heard and determined accord-
ing to law.
The respondent pay the appellant's costs of
the appeal.
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