R v Ward

For the reasons which we have already given, a State court which exercises jurisdiction in a trial on indictment in respect of an offence against the Bankruptcy Act is not exercising bankruptcy jurisdiction. Consequently, an appeal lay in this case from the District Court to the Court of Criminal Appeal, not to the Federal Court of Australia. It follows that the ground assigned by the Court of Criminal Appeal for striking out the appeal to it was incorrect.

It is by no means clear why the Parliament provided that some criminal appeals in bankruptcy offences should go only to the Federal Court, leaving other appeals in trials on indictment to go to State Courts of Criminal Appeal. We do not know whether it is the consequence of advertence or inadvertence. Be that as it may, it is not a matter which justifies us in refusing to give effect to what we regard as the plain words of ss. 27, 38 and 273 read in the light of the statutory definitions contained in s. 5.