R v Murphy

For the reasons we have given we have decided that: (i) s. 43 of the Crimes Act applies in respect of committal proceedings with respect to indictable offences against the laws of the Commonwealth conducted by a magistrate appointed under the Justices Act 1902 N.S.W., as amended; and (ii) in relation to such committal proceedings s. 43 of the Crimes Act, and s. 68 of the Judiciary Act are valid laws of the Commonwealth, and s. 85E of the Crimes Act was, prior to its repeal, a valid law of the Commonwealth, and we have ordered under s. 44 of the Judiciary Act that the reserved questions be remitted to a Full Court of the Supreme Court of New South Wales.