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Alqudsi v The Queen

[2016] HCA 24
Case number
S279/2015
Before
French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ
Catchwords

Constitutional law (Cth) – Trial by jury – Trial on indictment for offence against Commonwealth law – Where applicant pleaded not guilty in Supreme Court to charges on indictment under Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) – Where applicant sought trial by judge order under State law empowering State courts to order trial by judge alone – Whether application of State law to applicant's trial inconsistent with Constitution, s 80.

High Court – Stare decisis – Whether Brown v The Queen (1986) 160 CLR 171 should be re-opened and overruled.

Words and phrases – "elective mechanism", "indictment", "interests of justice", "shall be by jury", "State court principle", "trial by judge alone", "trial by judge order", "trial by jury", "trial on indictment", "waiver of trial by jury".

Constitution – s 80.

Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) – ss 7, 9A.

Judiciary Act 1903 (Cth) – s 68.

Criminal Procedure Act 1986 (NSW) – s 132.

Files
24.rtf (833.24 KB)
24.pdf (527.3 KB)