R v Bull
131 CLR 2033 ALR 171; 1974 - 0611A - HCA
Between: R
And: Bull
Judges:
Barwick CJ
McTiernan J
Menzies J
Gibbs J
Stephen J
Mason J
Subject References:
Trade and commerce
Customs offences
Prohibited imports
Whether goods imported into Australia
Courts and judicial system
Whether admiralty jurisdiction
Legislative References:
Customs Act 1901 (Cth) - s 231; s 233A; s 233B
Northern Territory Supreme Court Act 1961 (Cth) - The Act
Judiciary Act 1903 (Cth) - s 39(2)
Supreme Court Act 1856 (SA) - The Act
Judgment date: 11 June 1974
Melbourne
ORDER
Reserved points of law answered as follows:
- 1.
- Does the Supreme Court of the Northern Territory have jurisdiction to hear and determine the charges contained in the indictment
- (a)
- if the offences were committed in the area between the low water mark of the Australian coast adjacent to the Northern Territory and a line three nautical miles to the seaward thereof
- (b)
- if the offences were committed between a line three nautical miles to seaward of the said coast and a line ten nautical miles to seaward of the said coast.
- Answer:
- (a)
- Yes.
- (b)
- Unnecessary to answer.
- 2.
- If the Supreme Court of the Northern Territory has jurisdiction, is the matter within the ordinary jurisdiction of the Court or can the Court only hear and determine the charges by exercising jurisdiction in Admiralty.
- Answer: Within the ordinary jurisdiction of the Court.
- 3.
- If the Supreme Court of the Northern Territory can only hear and determine the charges by exercising jurisdiction in Admiralty is it necessary for that fact to be averred on the face of the indictment and for the Court to declare itself to be so sitting.
- Answer: Unnecessary to answer.
- 4.
- Does the Customs Act 1901-1971 extend to the said offences
- (a)
- if they were committed in the area between the low water mark of the Australian coast adjacent to the Northern Territory and a line three nautical miles to seaward thereof
- (b)
- if the offences in counts 2, 3, 5, 7 and 8 were committed in the area between a line three nautical miles to seaward of the said coast and a line ten nautical miles to seaward of the said coast.
- Answer:
- (a)
- Yes as to offences under ss. 233B(1)(a) and 231(1)(c); unnecessary to answer as to other offences.
- (b)
- Unnecessary to answer.
- 5.
- If prohibited imports are voluntarily brought from a point outside a line three nautical miles from the low water mark of the Australian coast adjacent to the Northern Territory to a point within the area between the said low water mark and the said line have they been imported into Australia within the meaning of s. 233B of the Customs Act 1901-1971.
- Answer: No.
Verdicts against the four accused on counts 1, 6 and 11 of the indictment set aside, and in lieu thereof enter verdicts of "Not Guilty",
Matter remitted to the Supreme Court of the Northern Territory for judgment.