The Queen v Gee [2003] HCA 12

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY AND CALLINAN JJ

THE QUEEN APPELLANT

AND

ROBERT GORDON POLLYBANK GEE RESPONDENTS

AND ANOR

The Queen v Gee

[2003] HCA 12

13 March 2003

A61/2002

ORDER

1. Appeal allowed. 2. Set aside order of the Full Court of the Supreme Court of South Australia made on 14 March 2001. 3. Remit proceeding to the Full Court of the Supreme Court of South Australia for further hearing and determination in accordance with the decision of this Court.

On appeal from the Supreme Court of South Australia

Representation:

C J Kourakis QC with D Petraccaro for the appellant (instructed by Director of Public Prosecutions (Commonwealth))

B W Walker SC with A L Tokley and S D Ower for the first respondent (instructed by Jon Lister)

S W Tilmouth QC with N M Hurley for the second respondent (instructed by Noelle Hurley)

Intervener:

B M Selway QC, Solicitor-General for the State of South Australia, with C D Bleby intervening on behalf of the Attorney-General for the State of South Australia (instructed by the Crown Solicitor for the State of South Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

The Queen v Gee

Criminal Law – Jurisdiction – Exercise of federal jurisdiction by state Supreme Courts – Offences against laws of the Commonwealth – Where s 350 of the Criminal Law Consolidation Act 1935 (SA) provides for the Full Court of the Supreme Court of South Australia to hear and determine questions of law reserved by the District Court – Whether s 68(2) of Judiciary Act 1903 (Cth) confers jurisdiction on the Full Court of the Supreme Court to hear and determine a question of law reserved by the District Court under State law during a trial of persons charged with offences against the laws of the Commonwealth.