Vunilagi v The QueenCitation:[2023] HCA 24Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:08 Aug 2023Case Number:C13/2022Read more

Vunilagi v The QueenCitation:[2023] HCA 24Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:08 Aug 2023Case Number:C13/2022Read more

Section 68BA(4) of the Supreme Court Act 1933 (ACT) does not substantially impair the institutional integrity of the ACT Supreme Court, and the offences under ss 54 and 60 of the Crimes Act 1900 (ACT) are not laws of the Commonwealth for the purposes of s 80 of the Constitution. The trial by judge alone was valid and no miscarriage of justice occurred.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
08 August 2023
Procedural Posture
Constitutional Law Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Judicial Power, Trial by Jury, Institutional Integrity, Federal Jurisdiction, Self Government, COVID 19 Emergency Legislation
Constitutional Law Criminal Law Judicial Power Trial by Jury Institutional Integrity Federal Jurisdiction Self Government COVID 19 Emergency Legislation

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Constitutional Law Appeal / Judgment

Legal Issues

  1. 1 Whether s 68BA(4) of the Supreme Court Act 1933 (ACT) substantially impaired the institutional integrity of Territory courts by allowing judge-alone trials without accused's consent
  2. 2 Whether ss 54 and 60 of the Crimes Act 1900 (ACT) are laws of the Commonwealth for the purposes of s 80 of the Constitution
  3. 3 Whether trial by judge alone contrary to s 80 of the Constitution constituted a miscarriage of justice

Ratio Decidendi

Section 68BA(4) of the Supreme Court Act 1933 (ACT) does not substantially impair the institutional integrity of the ACT Supreme Court, and the offences under ss 54 and 60 of the Crimes Act 1900 (ACT) are not laws of the Commonwealth for the purposes of s 80 of the Constitution. The trial by judge alone was valid and no miscarriage of justice occurred.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The orders of the lower court are affirmed.