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KMC v. Director of Public Prosecutions (SA)

Case No. A20/2019
Case information

Catchwords

Constitutional law – Ch III of Constitution (Cth) – Invalidity – Where appellant convicted of one count of persistent sexual exploitation of child contrary to s 50 of Criminal Law Consolidation Act 1935 (SA) (“CLCA”) – Where CLCA repealed on 24 October 2017 and Statutes Amendment (Attorney-General’s Portfolio) (No 2) Act 2017 (SA) (“Amendment Act”) commenced – Whether s 9(1) of Amendment Act invalid because it impermissibly directs manner or outcome of exercise of appellate jurisdiction, impermissibly impairs institutional integrity of appellate court and/or sentencing court, and/or amounts to or involves an exercise of part of judicial power by Parliament of South Australia in manner contrary to scheme of Ch III of Constitution.

Short particulars

Documents

30/08/2019 Order for Removal of Cause into the High Court (Gordon J)

04/09/2019 Cause removed

04/09/2019 Notice of constitutional matter (Attorney-General for the State of South Australia intervening)

27/09/2019 Written submissions (Applicant)

27/09/2019 Chronology (Applicant)

25/10/2019 Written submissions (Respondent and the Attorney-General for the State of South Australia intervening)

29/10/2019 Written submissions (Attorney-General for the State of Tasmania intervening)

29/10/2019 Written submissions (Attorney-General for the State of Victoria intervening)

29/10/2019 Written submissions (Attorney-General for the State of New South Wales intervening)

29/10/2019 Written submissions (Attorney-General of the State of Queensland intervening)

15/11/2019 Reply (Applicant)

06/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)
                      (Pronouncement of orders included)

06/02/2020 Outline of oral argument (Applicant)

06/02/2020 Outline of oral argument (Respondent and the Attorney-General for the State of South Australia intervening)

06/02/2020 Outline of oral argument (Attorney-General for the State of Victoria intervening)

18/03/2020 Judgment (Judgment Summary)