Nicholas v R
193 CLR 173NICHOLAS v REGINA
Court:
Judges:
Brennan CJ
Toohey
Gaudron
McHugh
Gummow
Kirby
Hayne JJ
Subject References:
CONSTITUTIONAL LAW
Separation of judicial power of the Commonwealth
Legislative response to Ridgeway v. The Queen
Whether Parliament usurping judicial power
Whether legislation impermissibly specific in application
Integrity of judicial process
Retrospective operation of statute
EVIDENCE
Importation of prohibited drugs
"Controlled delivery" by law enforcement officer
Rationale for Ridgeway discretion to exclude evidence
Public policy
Other References:
Crimes Act 1914 (Cth), s 15X.
Crimes Amendment (Controlled Operations) Act 1996 (Cth).
Customs Act 1901 (Cth), s 233B.
The Constitution, Ch III.
Judgment date: 2 FEBRUARY 1998
ORDER
Declare that s 15X of the Crimes Act 1914 (Cth) is a valid law of the Commonwealth.
Remit the matter to the County Court of Victoria for further hearing according to law.