R v Murphy
[1985] HCA 50
At a glance
Source factsCourt
High Court of Australia
Decision date
1981-12-01
Before
Dawson JJ, Cantor J
Source
Original judgment source is linked above.
Judgment (1 paragraphs)
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.
Parties
R
Murphy
Cases Cited (1)
High Court of Australia Gibbs C.J. Mason, Wilson, Brennan, Deane and Dawson JJ. R v Murphy [1985] HCA 50