The same defences apply as for Category A (, Category D extended geographic jurisdiction is the same as Category C, except that the defences do not apply (, Offence provisions state when extended geographic jurisdiction applies (see, Document offences related to people smuggling (. Designed by DigiM, No person can be detained without entry in the roznamcha – Chandigarh HC Bench, Manner in which the administration should act is their responsibility and they should not seek court orders – SC, Plaintiff cannot withdraw from suit in an appellate stage: Kerala HC, Evidence to be corroborated beyond doubt to establish offence – Bombay HC. For some offences, the legislation creating the offence may specify the circumstances in which extra-territorial acts or results may be tried in Victoria or Australia. In effect, the jurisdiction of a court or tribunal is the power or authority to hear cases and make decisions in all of the areas that the court can deal with. The content of the Queensland Law Handbook does not constitute legal advice, and if you have a specific legal problem, you should consult a professional legal advisor. We also recognise, respect and celebrate the cultural distinctions of the First Nations peoples and value their rich and positive contribution to Queensland and to broader Australian society. It must be decided by considering the size and nature of the river, the level of the land compared to the river and the composition of the land at the relevant location (, The location of the southern bank must be determined by present conditions. The characterisation of an applied offence as indictable or summary is determined by the laws of Victoria. The Family Court of Australia could not, however, deal with environmental law matters because it has no jurisdiction to do so under the Family Law Act. It is not fixed by reference to conditions as they existed in 1850 (, The location and identity of the Murray River determines whether certain islands are within Victoria and New South Wales. Jurisdiction over the water column and the subjacent seabed is vested in the adjacent State or Territory as if the area formed part of that State or Territory. [8] - For this purpose, wholly or partly in Australia includes wholly or partly on an Australian aircraft or ship. This will change as a result of gradual erosion or accretion. Clear language is required in order to create extra-territorial offences (, The Parliament of Victoria is legislatively competent to pass extra-territorial legislation where there is a link between the offence and the State of Victoria (, Result-based offences[1] will generally be punishable in the jurisdiction where those results occur. Bangalore - 560009. Many courts and tribunals are usually open to the public. )NO.456 of 2019], Supreme Court held that territorial jurisdiction is a matter of convenience, keeping in mind the administrative point of view with respect to the work of a particular court, the convenience of the accused and the convenience of the witnesses who have to appear before the Court. The criminal courts of a State only apply the criminal law of that State and any invested federal jurisdiction. Lock Island is, therefore, likely in Victoria (, The western border of Victoria is marked by the 141, While official survey maps incorrectly record the location of the 141, The Commonwealth has exclusive power to make laws over “all places acquired by the Commonwealth for public purposes” (“Commonwealth places”). [3] - A cheque is honoured where one bank presents the cheque to the bank responsible for the payment of the funds. 1.3 - Territorial Limits. Consent of the Commonwealth Attorney-General is required before a hearing can commence where: The offence is alleged to have been committed on or from a foreign ship; The ship is registered under the law of a country other than Australia; and, The country of registration has, under international law, jurisdiction over the alleged offence (, The absence of consent does not prevent the arrest, charging, proceedings for extradition, remand or bail of the alleged offender (, For offences outside the outer adjacent area, the substantive criminal law of the Jervis Bay Territory applies in limited circumstances (see, Offences prosecuted in Victorian courts under the, Summary offences, if the maximum penalty is 2 years’ imprisonment or less; and. If the special verdict reveals that no offence took place in Victoria, the jury should be discharged without returning a general verdict on the guilt or innocence of the accused (. Parliament may create offences that are punishable at the location of the conduct and the location of the result (, While it is common practice for the prosecution to identify the alleged location of the offence in the indictment, it is not necessary to prove the place of offending unless the location is an essential element of the offence (.

The power of a Court to try an offence is directly governed by Clauses (a) and (b) of Section 26 of the Code of 1973, as it was governed by Sections 28 and 29 of the Code of 1898.”. In the case of Kaushik Chatterjee Vs State of Haryana [Transfer Petition (CRL.) The Handbook is intended to give general information about the law in Queensland as at July 2016. In the case of Kaushik Chatterjee Vs State of Haryana [Transfer Petition (CRL. Required fields are marked *. Save my name, email, and website in this browser for the next time I comment. Further, a Magistrates Court will generally only hear matters which have occurred within its district or area unless, in criminal matters, on a plea of guilty. In the state court system, the court’s civil jurisdiction is generally limited by how much money the claim is for, and a court’s criminal jurisdiction is generally limited by penalty or simply by the type of offence as designated by law. For example, the Sandgate Magistrates Court will normally only hear matters that occur in the Sandgate Magistrates Court district. The same defences apply as for Category A (, Category C extended geographic jurisdiction provides that an offence can be committed whether or not the conduct occurs in Australia and whether or not the results of the conduct occur in Australia. NO.456 of 2019], Supreme Court held that territorial jurisdiction is a matter of convenience, keeping in mind the administrative point of view with respect to the work of a particular court, the convenience of the accused and the convenience of the witnesses who have to appear before the Court. Coastal Waters is a belt of water between the limits of the Australian States and the Northern Territory and a line 3M seaward of the territorial sea baseline*. 39/2, 2nd floor, K G Road, However, where the jurisdiction of the court is challenged on the basis of the location of the offence, the prosecution must establish that the offence took place in Victoria on the balance of probabilities (Thompson v R (1989) 169 CLR 1; [1989] HCA 30; c.f. Commonwealth courts and tribunals, which deal with the laws of the Commonwealth (e.g. In the exceptional case where the location of the offence is in issue, the judge should seek a special verdict from the jury. Seeking transfer of three criminal cases, all pending on the file of the Court of the Additional Judicial Magistrate, Gurugram, Haryana, to any competent Court in New Delhi, a person who was implicated as one of the accused in those three cases had come up with the transfer petitions. It is settled that Pental Island and Beveridge Island are both within Victoria (, Artificial changes to the course of the river, such as the creation of Lock Island near Mildura, most likely do not affect the border. Australia's Maritime Jurisdiction has been presented graphically in a series of maps available for download from Geoscience Australia. [5] - For this purpose, wholly or partly in Australia includes wholly or partly on an Australian aircraft or ship. These include: Conspiracy to commit an offence outside Victoria (, Incitement to commit an offence outside Victoria (, Attempts to commit an offence outside Victoria (, Hostile activity against a foreign state (, Financial transaction reporting offences (, Conduct occurs wholly or partly in Australia;[5], Conduct occurs wholly outside Australia, and the result of the conduct occurs wholly or partly in Australia;[6], Conduct occurs wholly outside Australia and the accused is an Australian citizen or a corporation incorporated under the law of Australia or an Australian State or Territory; or, The offence is an ancillary offence[7] where the conduct occurs wholly outside Australia and the conduct constituting the primary offence or the result of the conduct occurs or is intended to occur wholly or partly in Australia. In Queensland, there are two jurisdictions of courts and tribunals: Jurisdiction of a Court The Queensland Court of Appeal This is subject to exceptions for continuing and inchoate offences (, Some result-based offences may form an exception to the rule of a single location for an offence. This has been shown in relation to a number of specific examples: Obtaining property by false pretences occurs where the property is obtained, regardless of where the deception occurs (, Murder is committed where the deceased is affected by the acts (, English law, however, has recognised that some offences may be punished in the jurisdiction where the conduct is initiated (See. Opposite to State Bank of Mysore Head Office The answer to this depends upon facts to be established by evidence. The Court must, however, determine whether the alleged conduct constitutes an offence that is known to the law of Victoria (, The law presumes that criminal legislation only has domestic effect.


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