Nicholas v The Queen [1998] HCA 9

Nicholas v The Queen [1998] HCA 9

By majority, s 15X of the Crimes Act 1914 (Cth) is a valid law of the Commonwealth. It does not usurp or impermissibly interfere with the judicial power of the Commonwealth or the essential character of a court, but rather prescribes a rule of evidence governing the admissions of evidence of illegal importation by law enforcement officers in controlled operations commenced before Pt 1AB. Parliament is empowered to regulate evidentiary discretion provided it does not dictate judicial findings of guilt or legislate the outcome of specific cases. The fact that s 15X has practical effect in a limited number of cases does not convert it into unconstitutional ad hominem legislation....

Jurisdiction
Australia
Procedural Posture
Constitutional Challenge/removal of Criminal Proceeding / Judgment on Validity of Statute and Orders on Remittal
Outcome
Majority: Section 15X is valid, stay lifted and matter remitted for trial; Dissent (McHugh, Kirby JJ): Section 15X is invalid as contrary to the Constitution.
Legal Topics
['separation of Powers' 'admissibility of Evidence' 'retrospective Legislation' 'judicial Power' 'drug Offences' 'controlled Operations']
['constitutional Law' 'criminal Law'] ['separation of Powers' 'admissibility of Evidence' 'retrospective Legislation' 'judicial Power' 'drug Offences' 'controlled Operations']

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Procedural Posture

Constitutional Challenge/removal of Criminal Proceeding / Judgment on Validity of Statute and Orders on Remittal

Legal Issues

  1. 1 ['Whether s 15X of the Crimes Act 1914 (Cth), as inserted by the Crimes Amendment (Controlled Operations) Act 1996 (Cth), is a valid law of the Commonwealth consistent with Ch III of the Constitution.' 'Whether s 15X impermissibly interferes with or usurps the judicial power of the Commonwealth by affecting the judicial discretion (Ridgeway discretion) to exclude evidence on public policy grounds.' 'Whether s 15X applies to proceedings already permanently stayed prior to its commencement.']

Ratio Decidendi

By majority, s 15X of the Crimes Act 1914 (Cth) is a valid law of the Commonwealth. It does not usurp or impermissibly interfere with the judicial power of the Commonwealth or the essential character of a court, but rather prescribes a rule of evidence governing the admissions of evidence of illegal importation by law enforcement officers in controlled operations commenced before Pt 1AB. Parliament is empowered to regulate evidentiary discretion provided it does not dictate judicial findings of guilt or legislate the outcome of specific cases. The fact that s 15X has practical effect in a limited number of cases does not convert it into unconstitutional ad hominem legislation....

Court Disposition

Majority: Section 15X is valid, stay lifted and matter remitted for trial; Dissent (McHugh, Kirby JJ): Section 15X is invalid as contrary to the Constitution.

Orders

  • ['Declare that s 15X of the Crimes Act 1914 (Cth) is a valid law of the Commonwealth (majority order).' 'Remit the matter to the County Court of Victoria for determination according to law.']