SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
FULL COURT
Case Title: | Eastman v Director of Public Prosecutions Director of Public Prosecutions v Eastman & anor |
Citation: | [2014] ACTSCFC 1 |
Hearing Date: | 23 June 2014 |
DecisionDate: | 23 June 2014 |
Before: | Rares J, Wigney J, Cowdroy AJ |
Decision: | The determination of the Full Court as to the appropriate order to be made pursuant to s 430(2) of the Crimes Act 1900 (ACT) involves an exercise of judicial power. Section 431 of the Crimes Act1900 (ACT) does not apply to the Full Court’s exercise of its jurisdiction or power under s 430(2). |
Category: | Constitutional question |
Catchwords: | CONSTITUTIONAL LAW – JUDICIAL POWER – whether Full Court exercises judicial power when making an order confirming or quashing a conviction under s 430(2) of the Crimes Act 1900 (ACT) – whether s 431 of Act applies to exercise of Full Court’s jurisdiction under s 430(2) so as to prevent it hearing submissions – whether legislature can confer powers incompatible with institutional integrity and independence on Ch. III courts – incompatibility of functions – courts protected from legislative and executive incursion – characteristic of courts to act openly, impartially and in accordance with fair and proper procedures – legislation invalid if functions conferred on court repugnant to or incompatible with institutional integrity and independence – right of affected parties to be heard fundamental to exercise of judicial power – duty of court to interpret legislative provision as operating to the full extent of but not exceeding legislative power under s 120(1) of the Legislation Act 2001 (ACT) – whether s 431(1)(b) or (2) can be severed under s 120(2) of the Legislation Act 2001 (ACT) STATUTORY INTERPRETATION – where statute requires decision-maker to have regard to a matter or matters – decision-maker must give weight to such matters as a fundamental element in decision-making Held: (1) determination of appropriate order to make under s 430(2) of Act involves exercise of judicial power (2) court permitted to hear submissions in proceedings under s 430(2) of Act |
Legislation Cited: | Crimes Act 1900 (ACT) Inquiries Act 1991 (ACT) Legislation Act 2001 (ACT) |
Cases Cited: | Abebe v The Commonwealth of Australia (1999) 197 CLR 510 applied Annetts v McCann (1990) 170 CLR 596 applied |
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- AGLC
- Eastman v Director of Public Prosecutions; Director of Public Prosecutions v Eastman [2014] ACTSCFC 1
- Case
- [2014] ACTSCFC 1
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were multifaceted. They included whether the Full Court’s determination of an appropriate order under section 430(2) constituted the exercise of judicial power. Another key issue was whether section 431 of the Crimes Act 1900 (ACT) applied to the Full Court's exercise of its jurisdiction under section 430(2), potentially preventing it from hearing submissions. Additionally, the court had to decide if sections 431(1)(b) or (2) could be severed under section 120(2) of the Legislation Act 2001 (ACT) to preserve the validity of the statute.
The court found that the determination of the appropriate order to be made under section 430(2) of the Crimes Act 1900 (ACT) constituted the exercise of judicial power. It held that section 431 of the Act did not apply to the Full Court's exercise of its jurisdiction under section 430(2). Consequently, the Full Court was permitted to hear submissions in proceedings under section 430(2). The court underscored that the right of affected parties to be heard is fundamental to the exercise of judicial power and that legislative provisions must be interpreted to operate to the full extent of but not exceeding legislative power. The decision highlighted the importance of the courts' institutional integrity and independence, ensuring that they act openly, impartially, and in accordance with fair and proper procedures.
Orders
Orders of the court
The determination of the Full Court as to the appropriate order to be made pursuant to s 430(2) of the Crimes Act 1900 (ACT) involves an exercise of judicial power.
Section 431 of the Crimes Act 1900 (ACT) does not apply to the Full Court’s exercise of its jurisdiction or power under s 430(2).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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