Fittock v The Queen

[2003] HCA 19
Judgment date
Case number
D7/2001
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords

Constitutional law (Cth) – Indictable offence – Trial by jury – Whether law enacted by the Legislative Assembly of the Northern Territory a "law of the Commonwealth" – Whether s 80 of the Constitution applies to trials on indictment in the Supreme Court of the Northern Territory for offences against a law of the Commonwealth – Whether Territory law permitting reserve jurors, who are discharged prior to commencement of jury deliberations, is inconsistent with s 80 of the Constitution.

Constitution – s 80.

Criminal Code (NT) – ss 162, 165, 348.

Judiciary Act 1903 (Cth) – s 70A.

Juries Act 1962 (NT) – ss 6, 37, 37A.

Northern Territory (Self –Government) Act 1978 (Cth), Pt III, Div 1.

Files
19.rtf (40.83 KB)
19.pdf (53.15 KB)