Case P55/2016

Rizeq v. The State of Western Australia

Case No.

P55/2016

Case Information

Lower Court Judgment

24/08/2015 Supreme Court of Western Australia (Court of Appeal) (McLure P, Mazza JA, Chaney J)

[2015] WASCA 165

Catchwords

Constitutional law – s 80 of the Constitution – Judiciary Act 1903 (Cth) – Where appellant was a resident of NSW – Where appellant was charged and convicted for drug offences in Western Australia under the Misuse of Drugs Act 1981 (WA) – Where appellant was convicted by majority - Whether sections of the Misuse of Drugs Act 1981 (WA) were picked up and applied as Commonwealth Law under s 79(1) of the Judiciary Act 1903 (Cth) – Whether s 80 of the Constitution applied to the appellants trial.

Short particulars

Documents

07/10/2016 Hearing (SLA, Canberra v/link Perth)

21/10/2016 Notice of appeal

28/10/2016 Notice of Constitutional Matter

11/11/2016 Written submissions (Appellant)

11/11/2016 Chronology (Appellant)

15/11/2016 Hearing (Single Justice, Melbourne v/link Perth)

09/12/2016 Written submissions (Respondent)

16/12/2016 Written submissions (Attorney-General of the Commonwealth intervening)

16/12/2016 Written submissions (Attorney-General for the State of New South Wales intervening)

16/12/2016 Written submissions (Attorney-General of the State of Queensland intervening)

16/12/2016 Written submissions (Attorney-General for the State of Tasmania intervening)

16/12/2016 Written submissions (Attorney-General for the State of Victoria intervening)

16/12/2016 Written submissions (Attorney-General for the State of South Australia intervening)

23/12/2016 Reply

01/02/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

02/02/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

21/06/2017 Judgment (Judgment summary)