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Australia separation of powers

Magaming v The Queen

(2013) 252 CLR 381
JurisdictionAustralia
CourtHigh Court of Australia
Year2013
StatusBinding authority

Summary

High Court upheld the constitutional validity of the five-year mandatory minimum sentence for people smuggling offences under Australian federal law.

Key Principle

mandatory minimum sentences; people smuggling; constitutional validity of 5-year mandatory minimum

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123

Appellate court must itself assess whether jury verdict was unreasonable where unchallenged opportunity evidence raised reasonable doubt as to guilt.

Smethurst v Commissioner of Police (2020) 272 CLR 177

Search warrant executed at journalist's home held invalid for technical defects; High Court considered scope of implied freedom of political communication but declined to quash the warrant on that basis.

De Silva v The Queen (2019) 268 CLR 57

The High Court considered the Browne v Dunn rule and the appropriate jury directions when a party fails to cross-examine a witness on a matter it intends to contradict.

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