PAYNE V. THE KING 17/1943

v. '

REASONS FOR JUDGMENT. JATHAM C.J

This is an application for special leave to appeal from a Judgment of the Court of Criminal Appeal of Tasmania. The applicant, George William Payne, was presented together with one Reginald Waters, on an indictment containing five counts for forgery and uttering. The applicant was convicted on all five counts but on appeal to the Court of Criminal Appeal the conviction | on the fifth count was set aside.

It is necessary to show that there are some special circumstances affecting the case which would entitle this Court to exereise the power conferred upon it by the Judiciary Act, sec. A 35, sub-sec. (1), paragraph (b), umder which this Court is empowered to grant special leave to appeal from any judgment in a civil or criminal matter as to which the High Court thinks fit to give special leave to appeal. The Court does not sit as a Court of Criminal Appeal from a Court of Criminal Appeal. In my opinion there are no special circumstances affecting this case and no X principles of general importance involved which would make it \ proper to grant special leave.

The first objection is that the counts charged more than one crime. Sec. 311 of the Criminal Code (1924) of Tasmania i

provides in sub-sec. (1) that an indictment shall contain and be i

sufficient if it contains a statement of the specific crimes with which the accused person is charged, together with sufficient particulars. Sub-see. (2) provides that, except in the case of _murder, charges of more than one erime may be joined in the same indictment if they are founded on the same facts, or are, or form part of, a series of crimes of the same or a similar character. i No objection is based upon either of those provisions. Sub-sec.

(4) of this seetion provides that the statement of the crime, or