SUPREME COURT OF QUEENSLAND
CITATION:
Cth DPP v Fukusato [2002] QCA 20
PARTIES:
THE COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
(applicant/respondent)
v
HARUNOBU FUKUSATO
(respondent/applicant)FILE NO/S:
Appeal No 6456 of 2001
DC No 380 of 2000
DC No 3523 of 2000DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
8 February 2002
DELIVERED AT:
Brisbane
HEARING DATES:
22 October 2001 and 23 October 2001JUDGES:
McMurdo P, Davies and Thomas JJA
Separate reasons for judgment of each member of the Court; each concurring as to the order madeORDER:
Application to quash the indictment presented in the District Court against Harunobu Fukusato on 18 August 2000 by Francis James Walsh refused
CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PROSECUTION – FILING OF INFORMATION, PRESENTMENT OR INDICTMENT – QUEENSLAND - application to quash an indictment removed from District Court under s 68(5) Supreme Court of Queensland Act 1991 (Qld) as the officer of the Commonwealth Director of Public Prosecutions lacks legislative authority to prosecute it
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PROSECUTION – FILING OF INFORMATION, PRESENTMENT OR INDICTMENT – QUEENSLAND - where indictment charges an offence under the Corporations Law of Queensland and offences under the Criminal Code (Qld) – where indictment presented by an officer of the Commonwealth Director of Public Prosecutions in the name of that officer and the Commonwealth Director
STATUTES - ACTS OF PARLIAMENT – VALIDITY OF LEGISLATION
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS – PARTICULAR CASES – CRIMINAL MATTERS
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – MISCELLANEOUS POWERS OF THE COMMONWEALTH – MATTERS REFERRED BY STATES - whether the officer had legal authority to present the indictment charging an offence under the Corporations Law of Queensland – whether the Corporations (Commonwealth Powers) Act 2001 (Qld) is invalid because it was not approved by electors in accordance with s 53 Constitution Act 1867 (Qld) – whether s 109 Constitution applies – where the Corporations (Commonwealth Powers) Act 2001 (Qld) does not affect the power of the Queensland Parliament to make laws for the peace, welfare and good government of the state – where the referral of power to the Commonwealth is valid – where the prosecution of the offence is valid – Graham v Patterson (1950) 81 CLR 1 followed
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PERSONS ENTITLED TO CONDUCT PROSECUTION - whether the officer of the Commonwealth Director had authority to present the indictment under s 560(2) Criminal Code (Qld) following the enactment of the Director of Public Prosecutions Act 1984 (Qld) - where nothing in the Director of Public Prosecutions Act 1984 (Qld) affects the operation of s 560(2) Criminal Code (Qld)
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – POWER OF INCIDENTAL LEGISLATION
CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – MISCELLANEOUS POWERS OF THE COMMONWEALTH – MATTERS REFERRED BY STATES…
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- AGLC
- R v Fukusato [2002] QCA 20
- Case
- [2002] QCA 20
- Decision Date
CaseChat Overview and Summary
The court examined the legislative framework and found that the Corporations (Commonwth Powers) Act 2001 (Qld) did not affect the power of the Queensland Parliament to make laws for the state, and thus the referral of power to the Commonwealth was valid. The court also held that the prosecution was valid as per Graham v Patterson. Regarding the officer's authority, the court found that the Director of Public Prosecutions Act 1984 (Qld) did not affect the operation of s 560(2) of the Criminal Code (Qld), and thus the officer had the authority to present the indictment. The court further held that sections 6(1)(m) and 17 of the Director of Public Prosecutions Act 1983 (Cth) were valid and supported by the necessary constitutional powers under s 51(xxxvii) and s 51(xxxix) of the Constitution.
The court ruled that the officer had the legal authority to present the indictment, and the Corporations (Commonwth Powers) Act 2001 (Qld) was valid. Consequently, the application to quash the indictment was refused. The court's decision was based on the validity of the legislative framework, the referral of power, and the constitutional powers supporting the prosecution.
Orders
Orders of the court
Application to quash the indictment presented in the District Court against Harunobu Fukusato on 18 August 2000 by Francis James Walsh refused
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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