Tag: criminal law

Re-enacting ‘plainly wrong’ interpretations – a divided High Court in Director of Public Prosecutions Reference No 1 of 2019 [2021] HCA 26

BY JOSEPH MCDONALD

On 1 September 2021, the High Court handed down its judgment on a novel question of statutory interpretation in Director of Public Prosecutions Reference No 1 [2021] HCA 26 (DPP Reference No 1). The question … Read the rest

Corruption and Human Rights Sanctions in Australia: Where Public Law Meets Foreign Policy

BY ANTON MOISEIENKO

Introduction

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. … Read the rest

“You CAN handle the … trial of defence members for any offence,” High Court tells Military Tribunals

BY STEPHEN MCDONALD

Introduction

The Commonwealth Constitution embodies a separation of judicial power from executive and legislative power. While the boundaries between each species of power are not sharply defined, it has long been accepted that “convictions for offences Read the rest

Knight’s Watch: Ad Hominem Parole Legislation Hits the High Court

BY SARAH MURRAY

Section 74AA of the Corrections Act 1986 (Vic) is an extraordinary provision. Ad hominem in nature, it is directed at Julian Knight. Knight, perpetrator of the Hoddle Street massacre, was sentenced in 1988 by the Victorian … Read the rest

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