Federal Court of Australia
,
v. JUDGMENT No. 740./$7.. CATCHWORDS
Criminal law - Appellant convicted by Magistrates Court (A.C.T.}) on three charges of assault under s.61 Crimes Act 1900 (N.S.W.) in its application to Australian Capital Territory - Appeals against sentences to Supreme Court of the Australian Capital Territory - Appeals dismissed - Further appeals to Federal Court of Australia.
Practice and procedure - Principles upon which A.C.T. Supreme Court and Federal Court of Australia will vary sentences imposed by Magistrates Court (A.C.T.) - Nature of appeal against sentences from those courts.
Appeal against sentences ~- Whether s.17A Crimes Act 1914 (Commonwealth) applicable - Effect of s.17A.
Sentences commencing after dismissal of appeal by Supreme Court - Application for bail pending appeal to Federal Court granted ~ No application for stay of sentences pending appeal - Whether sentences continued to run,
Magistrates Court Ordinance 1930 (A.C.T.) - ss.145, 152, 188(2), 208(1)(c), 214, 216, 218.
Crimes Act 1900 (N.S.W.) in its application to the Australian Capital Territory - ss. 6, 421, 441A, 477.
Crimes Act 1914 (Commonwealth) - s.17A.
Federal Court of Australia Act 1976 - ss.28, 29.
Federal Court of Australia Rules - Order 52, rule 35(3).
Rogers v. White (Supreme Court of the Australian Capital Territory, 10 December 1986 - unreported).
Kovac v. The Queen (1977) 15 ALR 637
House v. The King (1936) 55 CLR 499
Gronow v. Gronow (1979) 144 CLR 513
Duralla Pty Limited v. Plant (1984) 54 ALR 29
Quilter v. Mapleson (1882) 9 QBD 672
Victorian Stevedoring and General Contracting Company Pty Limited v. Dignan (1931) 46 CLR 73.
McCann v. Sheppard [1973] 1 WLR 540
Warr v. Santos [1973] 1 NSWLR 432
Whan v. McConaghy (1984) 153 CLR 631
ON_APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CABITAL TERRITORY 5 ne
NAUMCE PETRESKI v_ PETER JESSE CARGILL
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