Pearce v Cocchiaro [1977] HCA 31

High Court of Australia Gibbs, Stephen, Jacobs, Murphy and Aickin JJ. Pearce v Cocchiaro [1977] HCA 31

ORDER Appeal allowed. No order as to the costs of the appeal. Judgment of the Full Court of the Supreme Court of South Australia set aside. In lieu thereof order that the question numbered 1. reserved for the consideration of the said Full Court, viz. Has a court of summary jurisdiction in South Australia jurisdiction to hear and determine an information charging offences against the Bankruptcy Act 1966?, be answered Yes. Remit the matter to the Supreme Court of South Australia.

Cur. adv. vult.

The following written judgments were delivered:—

June 22 Gibbs J.

The respondent was charged on the information of the appellant with a number of offences against ss. 269 (a), 269 (b) and 270 (1) (a) respectively of the Bankruptcy Act 1966 Cth, as amended. He appeared before a special magistrate sitting in Adelaide to answer those charges. Seven of the counts in the information were then read, and the respondent consented to those counts being heard and determined in a summary manner, and pleaded guilty to them. The special magistrate remanded the respondent for sentence, and subsequently recorded convictions in respect of the seven counts and imposed a sentence of thirteen weeks' imprisonment on each of three counts and of one month's imprisonment on each of the other counts and ordered that the sentences be served concurrently.

The respondent then appealed to a single judge of the Supreme Court of South Australia on the following grounds:

(1) The sentences were manifestly excessive.

(2) The learned special magistrate failed to use the provisions of s. 19B and/or s. 20 of the Crimes Act.

Although the notice of appeal did not raise the question whether the special magistrate had jurisdiction to hear and determine the information, the learned judge to whom the appeal was brought entertained doubt on that point, and reserved for the consideration of the Full Court of the Supreme Court a number of questions, including the following: