NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: UL-HAQUE v REGINA [2006] NSWCCA 241
HEARING DATE(S): 28 July 2006
JUDGMENT DATE: 9 August 2006
JUDGMENT OF: McClellan CJ at CL at 1; Kirby J at 46; Hoeben J at 47
DECISION: This decision has been amended. Please see the end of the judgment for a list of the amendments; 1. Application to raise grounds 1 and 2 granted but the appeal dismissed; 2. Leave to raise ground 3 refused.
CATCHWORDS: CONSTITUTIONAL LAW – external affairs power – terrorist organisation offences under Commonwealth Criminal Code – whether geographic externality is sufficient of itself to enliven power – CRIMINAL PROCEDURE – whether terrorist organisation offences require a specific terrorist act to be particularised – Criminal Code, Division 102, s 102.5 – EVIDENCE – admissions – lay opinion – whether ruling as to admissibility of evidence is amenable to appeal under s 5F of the Criminal Appeal Act 1912.
Criminal Code 1995 Criminal Appeal Act 1912 LEGISLATION CITED: Crimes Act 1914 Evidence Act War Crimes Act 1945
De L v Director-General, New South Wales Department of Community Services (1996) 187 CLR 640 Horta v Commonwealth (1994) 181 CLR 163 Koowarta v Bjelke-Peterson (1982) 153 CLR 168 Lodhi v R [2006] NSWCCA 121 Polyukhovic v The Commonwealth (1991) 172 CLR 501 CASES CITED: R v Bailey (1988) 36 A Crim R 30 R v Edelsten (1989) 18 NSWLR 213 R v Powch (1988) 14 NSWLR 136 Steffan v R (1993) 30 NSWLR 633 Victoria v The Commonwealth (1996) 187 CLR 416 XYZ v Commonwealth [2006] HCA 25
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