Ly v Jenkins [2001] FCA 1640

FEDERAL COURT OF AUSTRALIA

Ly v Jenkins [2001] FCA 1640

JURISDICTION – Conferral of jurisdiction on State courts to hear and determine summary offences created by a Commonwealth Law– whether New South Wales Local Court has jurisdiction to convict and impose penalties for an offence under s 132(2A) of the Copyright Act 1968 (Cth) – whether ss 39(2) and 68(2) of the Judiciary Act 1903 (Cth) only confer jurisdiction on State courts which have an existing and like jurisdiction in respect of summary offences under State law – whether the maximum term of imprisonment for breach of the section is 5 years – whether statutory limit on the jurisdiction of New South Wales Local Court to sentence offenders to terms of imprisonment.

CONSTITUTIONAL LAW - Whether s 80 of the Constitution provides a guarantee that a 'serious' offence against a law of the Commonwealth will be tried before a jury – whether trial upon indictment was not specified in the Copyright Act 1968 (Cth)-whether the appellants pleaded guilty to the offence charged.

COSTS - scope of power to order costs under s 81 of the Justices Act 1902 (NSW) – whether costs can be awarded to a legally unqualified police prosecutor –whether costs can be awarded for the investigation or proof of the case – whether a costs order can only be made in respect of costs incurred by the prosecuting authority - whether costs incurred "in – house" by a corporation are professional costs - whether costs order can be made in US dollars – whether statutory test that costs be just and reasonable applied.

WORDS AND PHRASES – "within the limits of their several jurisdictions"; "the like jurisdiction"

WORDS AND PHRASES – "costs"

Statutes Acts Interpretation Act 1901 (Cth) s 15C Bail Act 1978 (NSW) s 51 Constitution s 80 Copyright Act 1968 (Cth) ss 131B(2)(a), 132(2A)(a), 132(6A), 133 Courts Legislation Amendment Act (NSW) Crimes Act 1900 (NSW) ss 440, 444(4) Crimes (Sentencing Procedure) Act 1999 (NSW) s 58 Criminal Procedure Act 1986 (NSW) s 33J Crimes Act 1900 (Cth) ss 4AA, 4J(1) Judiciary Act 1903 (Cth) ss 39(2), 68(2), 78A, 78B Justices Act 1850 (SA) s 10 Justices Act 1902 (NSW) ss 52 & 81 Justices Act 1928 (Vic) s 210 Local Courts Act (NSW) ss 4 & 7 Public Service Act 1922 (Cth) s 64 Punishment of Offenders Act 1901 (Cth) ss 2, 3 Supreme Court (Summary Jurisdiction) Act 1967 (NSW) s 3 Quick J & Garran RR The Annotated Constitution of the Australian Commonwealth (1901) Cowen Z & Zines L Federal Jurisdiction in Australia (1978)