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Judgment date
Case number
P57/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne JJ
Catchwords
Criminal law – Offences against State law - Appeal against sentence by the prosecution - Power of Director of Public Prosecutions of the Commonwealth to bring appeal against sentence - Distinction between prosecution and appeal.
Constitutional law – Whether State law can unilaterally vest functions in officers of the Commonwealth - Inconsistency between Commonwealth and State laws - Inapplicability of de facto officers doctrine.
Appeal – Whether appellate court will entertain issue not raised below - Irrelevant where issue is as to competence of proceedings below.
Words and phrases – "the prosecution".
The Constitution – s 109.
Director of Public Prosecutions Act 1983 (Cth) – ss 9(7), 17.
Corporations (Western Australia) Act 1990 (WA) – s 91.
Criminal Code (WA) – ss 578, 581, 688(2).