Attorney-General (Cth) v HuynhCitation:[2023] HCA 13Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:10 May 2023Case Number:S78/2022Read more

Attorney-General (Cth) v HuynhCitation:[2023] HCA 13Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:10 May 2023Case Number:S78/2022Read more

Sections 78(1) and 79(1) of the Crimes (Appeal and Review) Act 2001 (NSW) are picked up and applied by s 68(1) of the Judiciary Act 1903 (Cth) to persons convicted of Commonwealth offences, and the functions conferred are judicial in nature and do not impermissibly confer non-judicial functions or administrative duties on State judges.

Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
10 May 2023
Procedural Posture
Constitutional Law / Judgment
Outcome
Application dismissed
Legal Topics
Judicial Power, Jurisdiction of State Courts, Commonwealth Offences, Application of State Laws to Commonwealth Offenders
Constitutional Law Criminal Law Judicial Power Jurisdiction of State Courts Commonwealth Offences Application of State Laws to Commonwealth Offenders

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Constitutional Law / Judgment

Legal Issues

  1. 1 Whether ss 78(1) and 79(1) of the Crimes (Appeal and Review) Act 2001 (NSW) apply to persons convicted of Commonwealth offences
  2. 2 Whether s 68(1) of the Judiciary Act 1903 (Cth) operates to apply ss 78(1), 79(1)(a) and 79(1)(b) of the CAR Act to Commonwealth offenders
  3. 3 Whether ss 78(1) and 79(1)(b) of the CAR Act can be applied independently of s 79(1)(a) without different legal operation

Ratio Decidendi

Sections 78(1) and 79(1) of the Crimes (Appeal and Review) Act 2001 (NSW) are picked up and applied by s 68(1) of the Judiciary Act 1903 (Cth) to persons convicted of Commonwealth offences, and the functions conferred are judicial in nature and do not impermissibly confer non-judicial functions or administrative duties on State judges.

Court Disposition

Application dismissed

Orders

  • Sections 78(1) and 79(1) of the Crimes (Appeal and Review) Act 2001 (NSW) apply to persons convicted of Commonwealth offences by operation of s 68(1) of the Judiciary Act 1903 (Cth).
  • The application is dismissed.