Nicholas v The Queen

[1998] HCA 9
Judgment date
Case number
M60/1996
Before
Brennan CJ, Toohey, Gaudron, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Constitutional law – Separation of judicial power of the Commonwealth – Legislative response to Ridgeway v The Queen – Whether Parliament usurping judicial power – Whether legislation impermissibly specific in application – Integrity of judicial process – Retrospective operation of statute.


Evidence – Importation of prohibited drugs – "Controlled delivery" by law enforcement officer – Rationale for Ridgeway discretion to exclude evidence – Public policy.


The Constitution, Ch III.


Crimes Act 1914 (Cth), s 15X.


Crimes Amendment (Controlled Operations) Act 1996 (Cth).


Customs Act 1901 (Cth), s 233B.