Bond v The Queen [2000] HCA 13

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY AND HAYNE JJ

ALAN BOND APPELLANT

AND

THE QUEEN RESPONDENT

Bond v The Queen [2000] HCA 13

9 March 2000

P57/1999

ORDER

1. Appeal allowed.

2. Set aside the order of the Court of Criminal Appeal of Western Australia made on 22 August 1997 and in lieu order that the appeal purportedly instituted by notice dated 21 February 1997 is dismissed as incompetent.

On appeal from the Supreme Court of Western Australia

Representation:

D F Jackson QC with O P Holdenson QC and M M Lodge for the appellant (instructed by Melasecca Zayler)

E M Heenan QC with P C Govier for the respondent (instructed by Commonwealth Director of Public Prosecutions)

Interveners:

D M J Bennett QC, Solicitor-General of the Commonwealth with C J Horan intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

R J Meadows QC, Solicitor-General for the State of Western Australia with C F Jenkins intervening on behalf of the Attorney-General for the State of Western Australia (instructed by Crown Solicitor for the State of Western Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Bond v The Queen

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.