Commonwealth Director of Public Prosecutions v Haddad, Daher

The Commonwealth Director of Public Prosecutions (CDPP) appealed to the Court of Appeal of New South Wales against decisions of the District Court of New South Wales that set aside convictions and sentences imposed on Mr Haddad and Mr Daher. The central dispute concerned whether the prosecutions brought by the CDPP against Mr Haddad and Mr Daher were valid, given that the requisite consent of the Attorney-General had not been obtained prior to their commencement.

The Court of Appeal was required to determine the legal effect of commencing prosecutions under certain provisions of the *Crimes Act 1914* (Cth) without the prior written consent of the Attorney-General, as mandated by section 137.1 of the *Criminal Code Act 1995* (Cth). Specifically, the court had to consider whether the failure to obtain this consent constituted a jurisdictional error, thereby rendering the convictions and sentences a nullity.

The Court of Appeal held that the requirement for the Attorney-General's consent under section 137.1 of the *Criminal Code Act 1995* (Cth) was a condition precedent to the exercise of the court's jurisdiction to entertain the prosecutions. The failure to obtain this consent meant that the District Court lacked the necessary jurisdiction to proceed with the trial, enter convictions, or impose sentences. Consequently, the court found that the District Court had correctly identified this jurisdictional error and acted appropriately in setting aside the convictions and sentences.

The appeal by the CDPP was dismissed.