High Court of Australia
196 HIGH COURT (1907,
H.C.orA. "That being so, it is difficult to see how we can properly inter-
ede fere with the exercise of the Court's discretion in inflicting Ts RE ee punishment upon one of its own officers." We adhere to that opinion.
"Tn such cases the nature of the punishment is a matter entirely within the discretion of the Supreme Court itself."
Holding that opinion also, it seems to us that this is a case within the lines which the Court there laid down, and therefore that we ought not to grant special leave to interfere with the
decision of the Supreme Court in any matter of such a character.
Fae Special leave refused.
Solicitors, for applicant, Sullivan Bros.
C. A. W. (HIGH COURT OF AUSTRALIA.] MARGARET WALSH : - 5 z . APPELLANT; DEFENDANT, AND THOMAS DOHERTY ¥ : 4 : . RESPONDENT. COMPLAINANT,
ON APPEAL FROM THE SUPREME COURT OF
QUEENSLAND.
H.C. or A. Notice of prosecution—" Institution of proceedings "—Notice given after lodging of 1907. complaint—Licensing Act 1885 (Qd.), (49 Vict. No. 18), sec. 75 (2)—Liquor od Act 1886 (Qd.), (50 Viet. No. 30), sec. 25—Justices Act 1886 (Qd.), (50 Viet.
Brisbane, No. 17), secs. 42, 52. ee In 4 prosecution under the Queensland Liquor Act 1886 for any of the
Griffith C.J., offences named in sec. 25 of that Act, the provisions of that section—that
Raton and notice in writing of the intended prosecution shall be given to the person
intended to be prosecuted, specifying the section of the Act for breach of which the prosecution is intended to be instituted—are not satisfied by the
5 CLR.) OF AUSTRALIA.
service of a notice of prosecution after the information for the offence in H. C. or A.
question had already been laid. A prosecution has been "instituted" as soon as the complaint is lodged and the summons issued.
Decision of the Full Court : (Doherty v. Walsh ; Hx parte Walsh, 1907 St. R, Qd., 180), reversed.
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