Taylor v Attorney-General (Cth)Citation:[2019] HCA 30Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:11 Sep 2019Case Number:M36/2018Read more

Section 268.121(2) of the Criminal Code expresses a contrary intention for the purposes of s 13(a) of the Crimes Act 1914, precluding private prosecution for offences under Division 268 without the written consent of the Attorney-General.

Parties: Applicant: Private Citizen; Respondent: Attorney-General
Jurisdiction: Australia
Judgment Date: 11 September 2019
Procedural Posture: Criminal / Judgment
Outcome: Application dismissed
Legal Topics: Private Prosecution, Consent of Attorney General, Crimes Against Humanity

Criminal Law Constitutional Law Private Prosecution Consent of Attorney General Crimes Against Humanity

Case Brief

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Parties

Private Citizen

Applicant

Attorney-General

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether a private citizen can commence a prosecution for a crime against humanity under s 268.11 of the Criminal Code without the written consent of the Attorney-General
2 Whether s 268.121(2) of the Criminal Code precludes private prosecution for offences under Division 268
3 Whether s 268.121(2) expresses a contrary intention for the purposes of s 13(a) of the Crimes Act 1914

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Private prosecution for offences under Division 268 of the Criminal Code without the written consent of the Attorney-General is not permitted.