R v Ward [1918] HCA 36

25 C.L.R.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.)

THE KING . : . : - i . APPELLANT;

AND WARD... ; Q 3 3 = : . ReEsPpoNnDENT.

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Criminal Law—Sentence—Habitual criminal—Detention in reformatory prison— Previous convictions for "indictable offence" —Summary convictions—Crimes Act 1915 (Viet.) (No. 2637), secs. 514, 515.

See. 514 of the Crimes Act 1915 (Viet.) provides that * (1) When any person apparently of the age of seventeen years or upwards is convicted of any

H.C. oF A. 1918. aw

SypNey, Aug. 1.

indictable offence and has been previously convicted on at least two occasions Barton, Isaacs,

of any indictable offence or offences the Judge of the Supreme Court or the Chairman of the Court of General Sessions before which such person is con- vieted may declare that he is an habitual criminal and direct as part of his sentence that on the expiration of the term of imprisonment then imposed upon him he be detained during the Governor's pleasure in a reformatory prison." See. 515 provides that "(1) Where any person apparently of the age of seventeen years or upwards is convicted of any indictable offence (whether such person has been previously convicted of any offence or not) the Judge of the Supreme Court or the Chairman of the Court of General Sessions before which such person is convicted may if he thinks fit, having regard to the antecedents character associates age health or mental condition of the person convicted, the nature of the offence, or any special circumstances of tho case—(a) direct as part of his sentence that on the expirotion of the term 'of imprisonment then imposed upon him he be detained during the Governor's pleasure in a reformatory prison."

'A person being convicted before a Judge of the Supreme Court of an indict- able offence, and having admitted that on three previous occasions he had