Recent Cases

Attorney-General (Cth) v Huynh [2023] HCA 13 (10 May 2023) (Kiefel CJ; Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ)


Catchwords:


Constitutional law (Cth) – Judicial power of Commonwealth – Jurisdiction vested in State courts – State laws applicable to offenders convicted of Commonwealth offences – Where s 78(1) of Crimes (Appeal and Review) Act 2001 (NSW) (“CAR Act”) permitted convicted person to apply to Supreme Court of New South Wales for inquiry into conviction or sentence – Where s 79(1)(a) of CAR Act permitted judge to direct an inquiry take place – Where s 79(1)(b) of CAR Act permitted judge to refer whole case to Court of Criminal Appeal to be dealt with as an appeal – Where convicted person applying under s 78(1) was convicted of Commonwealth offence – Whether ss 78 and 79 applied of own force to person convicted of Commonwealth offence – Whether s 68(1) of Judiciary Act 1903 (Cth) operated to apply ss 78(1), 79(1)(a) and 79(1)(b) of CAR Act to person convicted of Commonwealth offence – Whether ss 78(1) and 79(1)(b) of CAR Act could be applied independently of s 79(1)(a) without different legal operation – Whether ss 78(1) and 79(1)(b) of CAR Act impermissibly conferred on judge of State court acting in personal capacity a function without their consent – Whether ss 78(1) and 79(1)(b) of CAR Act impermissibly imposed administrative duty on holder of State statutory office without State legislative approval.

Words and phrases – “altered meaning”, “Chief Justice or authorised judge”, “Commonwealth offence”, “different legal operation”, “federal jurisdiction”, “federal offence”, “inquiry into conviction or sentence”, “judicial power”, “jurisdiction invested”, “jurisdiction of State and Territory courts”, “jurisdiction of the Supreme Court”, “like jurisdiction”, “non-judicial power”, “persona designata”, “pick up and apply”, “prerogative of mercy”, “referral to Court of Criminal Appeal”, “severance”.