High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJ
EDWARD POLLENTINE & ANOR PLAINTIFFS
AND
THE HONOURABLE JARROD PIETER BLEIJIE ATTORNEY-GENERAL FOR THE STATE OF QUEENSLAND & ORS DEFENDANTS
Pollentine v Bleijie [2014] HCA 30 14 August 2014 B39/2013
ORDER
The questions referred on 28 February 2014 for the consideration of the Full Court be answered as follows:
Question 1
Is s 18 of the Criminal Law Amendment Act 1945 (Qld) invalid on the ground that it is contrary to Chapter III of the Constitution, by way of infringing the principle identified in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51, or otherwise?
Answer
No.
Question 2
Who should pay the costs of the case stated?
Answer
The plaintiffs.
Representation
S P Donaghue QC with K L Walker and R W Haddrick for the plaintiffs (instructed by Prisoners' Legal Service Inc)
P J Dunning QC, Solicitor-General of the State of Queensland with G J D del Villar and J A Kapeleris for the first and second defendants (instructed by Crown Law (Qld))
Submitting appearance for the third defendant
Interveners
M G Sexton SC, Solicitor-General for the State of New South Wales with N L Sharp for the Attorney-General for the State of New South Wales, intervening (instructed by Crown Solicitor (NSW))
M G Hinton QC, Solicitor-General for the State of South Australia with N M Schwarz for the Attorney-General for the State of South Australia, intervening (instructed by Crown Solicitor (SA))
G R Donaldson SC, Solicitor-General for the State of Western Australia with J D Berson for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor (WA))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
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