Faheem Khalid LODHI v Regina [2006] NSWCCA 121

Faheem Khalid LODHI v Regina [2006] NSWCCA 121

The retrospective amendments to the Criminal Code do not apply to criminal trials already commenced, and the indictment failed to plead all essential elements—including all components of the statutory definition of 'terrorist act'—therefore it must be quashed.

Jurisdiction
Australia
Judgment Date
13 April 2006
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
appeal allowed
Legal Topics
['retrospective Operation of Statutes' 'validity of Indictments' 'anti Terrorism Offences' 'essential Elements of Offences' 'duplicity in Indictments']
['criminal Law' 'statutory Interpretation'] ['retrospective Operation of Statutes' 'validity of Indictments' 'anti Terrorism Offences' 'essential Elements of Offences' 'duplicity in Indictments']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether retrospective amendments to the Criminal Code apply to criminal trials already commenced' 'Whether indictment must specify a particular terrorist act' 'Whether counts in the indictment were duplicitous' 'Whether the indictment failed to state all essential elements of the offence']

Ratio Decidendi

The retrospective amendments to the Criminal Code do not apply to criminal trials already commenced, and the indictment failed to plead all essential elements—including all components of the statutory definition of 'terrorist act'—therefore it must be quashed.

Court Disposition

appeal allowed

Orders

  • ['Leave to appeal granted' 'The indictment is quashed' 'Matter remitted to Whealy J' 'Paragraphs [8]-[13] of this judgment not to be published until further order' 'Liberty to apply to extend suppression orders within two working days' 'No copies of judgment to non-parties until non-application notification or...