Love v The Queen

The High Court of Australia heard an appeal by the applicant, Love, against the decision of the Supreme Court of Queensland. The dispute concerned the applicant's conviction for a serious criminal offence.

The central legal issue before the High Court was whether the applicant's conviction was a nullity at common law, thereby rendering the subsequent prosecution and sentencing for that offence unlawful. This question arose due to the applicant's Indigenous status and the circumstances surrounding his upbringing.

The High Court determined that the applicant's conviction was indeed a nullity at common law. This conclusion was based on the principle that a court lacks jurisdiction to try an Aboriginal person who is not a natural-born subject of the Queen, and who has not been naturalised, unless that person is subject to the laws of the Colony. The Court found that the applicant, by reason of his Indigenous status and lack of naturalisation, was not subject to the laws of Queensland at the time of his conviction, and therefore the conviction was a nullity. The appeal was upheld.