R v District Court (Queensland Northern District); Thompson, Ex p [1968] HCA 48

High Court of Australia Barwick C.J. McTiernan, Kitto, Taylor and Menzies JJ. R v District Court (Queensland Northern District); Thompson, Ex p [1968] HCA 48

ORDER Order nisi for writ of certiorari or writ of prohibition discharged with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Aug. 9 Barwick C.J.

Bruce Thomas Thompson (the applicant) moves the Court for an order that a writ of certiorari issue to remove into this Court certain proceedings in the District Court of the Northern District of the State of Queensland (the District Court) and that upon such removal the same be quashed because of an error of law said to appear on the face of the record in that Court.

The applicant applied to a stipendiary magistrate in the Magistrates Court at Mount Isa, in the State of Queensland, as a court of summary jurisdiction of a State within the meaning of s. 29B of the National Service Act 1951-1965 of the Commonwealth (the Act) and as exercising the federal jurisdiction thereby conferred, to be exempted from liability to render service under the Act on the ground that he holds a conscientious belief that does not allow him to engage in any form of military service, whether combatant or non-combatant. The magistrate after an oral hearing dismissed that application.

The applicant then appealed to the District Court in exercise of his rights under s. 29C of the Act. The District Court again after an oral hearing made an order which recited the said application and its dismissal by the magistrate, the hearing before itself of the appeal and adjudged that the appeal be dismissed. However, the District Court judge gave reasons for judgment which were taken down and transcribed. They were exhibited in the present application to this Court. In those reasons the judge said: