RATCLIFF, Lillian v R [2013] NSWCCA 259

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: RATCLIFF, Lillian v R [2013] NSWCCA 259 Hearing dates: 25 - 26 March 2013 Decision date: 12 November 2013 Before: Bathurst CJ at [1]; Beazley P at [5]; Hoeben CJ at CL at [6]; Blanch J at [7]; Price J at [8] Decision: Appeal dismissed. Catchwords: CRIMINAL LAW - appeal pursuant to certificate under s 5F(3)(b) of the Criminal Appeal Act 1912 - motion that indictment be quashed based on inconsistency between State and Commonwealth laws dismissed. CONSTITUTIONAL LAW - whether there is inconsistency between State and Commonwealth laws - whether s 25 of the Drug Misuse and Trafficking Act 1985 (NSW) is inconsistent with Pt 9.1 of the Criminal Code Act 1995 (Cth). Legislation Cited: Criminal Code Act 1995 (Cth), Pt 9.1 Drug Misuse and Trafficking Act 1985, s 25 Category: Interlocutory applications Parties: Lillian Ratcliff (Appellant) Crown (Respondent) Attorney General of NSW (Intervening) Representation: Counsel: A Healey (Appellant) M Cinque (Respondent) M G Sexton SC and G Wright on behalf of the Attorney General Solicitors: Aboriginal Legal Service (NSW/ACT) Ltd (Appellant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2009/268587 Publication restriction: No Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-11-09 00:00:00 Before: Freeman DCJ File Number(s): 2009/268587