R v Walker [1994] HCA 64

R v Walker [1994] HCA 64

The claim that legislatures lack power to legislate over Aboriginal people and that criminal law does not apply to them is untenable; the statement of claim discloses no reasonable cause of action and must be struck out.

Jurisdiction
Australia
Procedural Posture
Application by Summons / Order on Striking Out Statement of Claim and Dismissal
Outcome
statement of claim struck out and action dismissed
Legal Topics
['sovereignty of Aboriginal People' 'application of Criminal Law to Aboriginal People' 'legislative Power Over Aboriginal People']
['constitutional Law' 'criminal Law' 'aboriginal Law'] ['sovereignty of Aboriginal People' 'application of Criminal Law to Aboriginal People' 'legislative Power Over Aboriginal People']

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Procedural Posture

Application by Summons / Order on Striking Out Statement of Claim and Dismissal

Legal Issues

  1. 1 ['Whether Commonwealth and State parliaments lack power to legislate in a manner affecting Aboriginal people without their consent' 'Whether criminal law of New South Wales applies to Aboriginal people' 'Whether Aboriginal customary criminal law continues to exist alongside Australian criminal law']

Ratio Decidendi

The claim that legislatures lack power to legislate over Aboriginal people and that criminal law does not apply to them is untenable; the statement of claim discloses no reasonable cause of action and must be struck out.

Court Disposition

statement of claim struck out and action dismissed

Orders

  • ['Statement of claim filed 6 April 1994 struck out.' 'Action dismissed.']