Mok v Director of Public Prosecutions (NSW) [2016] HCA 13

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, KEANE AND GORDON JJ

YAU MING MATTHEW MOK APPELLANT

AND

DIRECTOR OF PUBLIC PROSECUTIONS (NSW) RESPONDENT

Mok v Director of Public Prosecutions (NSW) [2016] HCA 13 6 April 2016 S246/2015

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

G R James QC with P D Lange for the appellant (instructed by Murphy's Lawyers)

N J Adams SC with B K Baker for the respondent (instructed by Solicitor for Public Prosections (NSW))

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

CATCHWORDS

Mok v Director of Public Prosecutions (NSW)

Federal jurisdiction – Application of State laws – Service and Execution of Process Act 1992 (Cth) ("SEPA"), s 89(4) – Where appellant arrested in Victoria pursuant to warrant issued in New South Wales – Where order made under s 83(8)(b) of SEPA to return appellant in custody to New South Wales – Where appellant charged with attempting to escape lawful custody under s 310D of Crimes Act 1900 (NSW) ("Crimes Act") – Whether s 89(4) of SEPA applied s 310D of Crimes Act as surrogate federal law – Whether content of applied State law altered – Whether prosecution required to prove all elements of offence under State law.

Words and phrases – "competent authority", "correctional centre", "court", "escape lawful custody", "inmate", "law of a State", "surrogate federal law".

Constitution, ss 51(xxiv), 52(i). Commonwealth Places (Application of Laws) Act 1970 (Cth), s 4. Judiciary Act 1903 (Cth), ss 68, 79. Service and Execution of Process Act 1992 (Cth), ss 8(4), 81A, 82, 83, 89. Children (Detention Centres) Act 1987 (NSW), s 33(1). Crimes Act 1900 (NSW), Pt 1A, ss 310A, 310D. Crimes (Administration of Sentences) Act 1999 (NSW), ss 3(1), 4. Interpretation Act 1987 (NSW), ss 5, 12.