Regina v JS [2007] NSWCCA 272

Reported Decision: [2008] ALMD 3115[2008] ALMD 3154[2008] ALMD 3156[2008] ALMD 3441[2008] ALMD 3310[2008] ALMD 3311175 A Crim R 108230 FLR 276

New South Wales Court of Criminal Appeal

CITATION: Regina v JS [2007] NSWCCA 272 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14, 15 & 16 August 2007

JUDGMENT DATE: 10 September 2007

JUDGMENT OF: Spigelman CJ at 1; Mason P at 162; McClellan CJ at CL at 194; Hidden J at 195; Howie J at 196

DECISION: 1 Leave granted to file the amended Notice of Appeal containing Grounds 2 and 3; 2 Appeal dismissed.

CATCHWORDS: Constitutional law – Operation and effect of the Commonwealth Constitution – Trial by jury – Whether finality of a verdict of acquittal is an essential characteristic of trial by jury – Double jeopardy – s 80 The Constitution - Constitutional law – Quasi-constitutional character of Judiciary Act 1903 – Purpose of Judiciary Act 1903 – s 68(2) Judiciary Act 1903 - Criminal law - Appeal & New Trial – Appeal against acquittal – Crown's inability to appeal against an acquittal a fundamental common law principle – Retrospectivity – s 107 Crimes (Appeal and Review) Act 2001 - Criminal law – Jurisdiction, practice and procedure – Notice of Appeal – Validity under s 107(3) Crimes (Appeal and Review) Act 2001 - Criminal law – Elements of statutory scheme – Whether meaning of a technical legal term is a question of law – Meaning of "federal judicial proceeding" – Meaning of "question of law alone" – s 31 Crimes Act 1914 (Cth) - Criminal law – Particular offences – Offences relating to the administration of justice – Connection between federal character of the judicial proceeding and "knowledge" – s 39 Crimes Act 1914 (Cth) - Statutes – Acts of Parliament – Interpretation – Construction, particular classes of statute – Codifying Statutes – Reference to the common law - Statutes – Acts of Parliament – Interpretation – Construction, particular classes of statute – Penal Statutes – Ambiguity and general words – Retrospective operation - Statutes – Acts of Parliament – Interpretation – Construction, particular classes of statute – Penal Statutes – General principles – Clear statement principle - WORDS AND PHRASES - "question of law alone" and "federal judicial proceeding"