Hogue v State of Western Australia

The High Court of Australia considered an appeal by Mr. Hogue against the State of Western Australia concerning the validity of certain provisions of the *Criminal Code Amendment Act 2008* (WA). The dispute arose from Mr. Hogue's prosecution for offences under the amended Code, which he contended were invalidly enacted due to a failure to comply with constitutional requirements regarding the presentation of bills to the Governor.

The central legal issue before the High Court was whether the *Criminal Code Amendment Act 2008* (WA) had been validly passed, specifically whether the requirement under section 46 of the *Constitution Act 1889* (WA) that every bill presented to the Governor for assent must have been previously laid before both Houses of Parliament had been satisfied. Mr. Hogue argued that the bill was not properly laid before the Legislative Council, rendering the subsequent Act invalid.

The High Court, in dismissing the appeal, reasoned that the evidence before the Court did not establish a failure to comply with section 46 of the *Constitution Act 1889* (WA). The Court noted that the presumption of regularity applied to the legislative process, and the onus was on Mr. Hogue to demonstrate non-compliance. The Court found that the records of parliamentary proceedings, including the minutes of the Legislative Council, did not support the assertion that the bill had not been laid before the House. Consequently, the Court held that the *Criminal Code Amendment Act 2008* (WA) was validly enacted.