Williams v R (No 1) [1933] HCA 54

536 HIGH COURT

[HIGH COURT OF AUSTRALIA.]}

WILLIAMS... 5 . . . «0 > APPE

AND

THE KING . i z : ' ' ' . Resronp) [No. 1.]

ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF NEW SOUTH WALES.

H.C. or A, Criminal Law—Appeal—Indictable offence against law of Commonwealth— 1933. State Court—Appeal against sentence by State Attorney-General to State — —Competency—Commission from the Crown in right of the Commonwea

SypNEy, Judiciary Act 1903-1932 (No. 6 of 1903—No. 60 of 1932), secs. 68 (1), (2)*, 69 Aug. 2 —Criminal Appeal Act 1912-1924 (N.S.W.) (No. 16 of 1912—No. 10 of 192

Nov. 14, sec. 5D* arr Da 'The Attomey-General of New South Wales is not entitled to appeal to t MeTiernan JJ. Court of Criminal Appeal of that State under sec. 5p of the Criminal Ay

a law of the Commonwealth: He does not derive such a right either sec. 68 of the Judiciary Act 1903-1932 or from a commission under of that Act appointing him to prosecute in his name indictable offences the laws of the Commonwealth triable in New South Wales.

Decision of the Court of Criminal Appeal of New South Wales reversed

*The Judiciary Act 1903-1932 pro- therewith . . . shall, subject to vides :—By sec. 68 :—"*(1) The laws of _ section, apply and ke applied so each State respecting the arrest and they are applicable to persons who ar custody of offenders or persons charged —_charged with offences against the with offences, and the procedure for— of the Commonwealth committed: (a) theirsummary conviction ; (b) their that State, or whose trial for examination and commitment for trial committed elsewhere may la on indictment ; (c) their trial and con- held therein. (2) The several viction on indictment; and (d) the a State exercising jurisdiction hearing and determination of appeals respect to—(a) the summary co arising out of any such trial or convic- tion ; or (b) the examination and ¢ tion or out of any proceedings connected mitment for trial on indictmen!