Cheng v The Queen

Cheng v The Queen Chan v The Queen [2000] HCA 53
Judgment date
Case number
A8/1999
A9/1999
A25/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Constitutional law (Cth) – Trial by jury - Trial on indictment for offence against law of the Commonwealth - Pleas of guilty following rejection of demurrer raising constitutional objection to information - Whether any issue for trial - Whether any infringement of s 80 of Constitution.

Customs – Offences - Prohibited imports - Narcotic goods - Differential punishment for trafficable and commercial quantities - Whether elements of offence - Whether in a trial on indictment must be decided by jury - Requirements of s 80 of Constitution.

Words and phrases – "trial on indictment", "any offence", "Court".

Constitution – s 80.

Customs Act 1901 (Cth) – ss 233B, 235.

Files
53.rtf (159.48 KB)
53.pdf (369.07 KB)