Nicholas v R

193 CLR 173

NICHOLAS v REGINA

Court:
HIGH COURT OF AUSTRALIA

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.

Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).