Thursday 6 April 2017

474.17 Criminal Code Act

High Court Protects errors in S474.17
Yesterday the High Court of Australia dismissed an application  for S474.17  to be corrected.
S474.17 is treated  the same as S471.12 Criminal Code Act [Monis V the Queen]2013 HCA. this was split evenly on validity against the constitution.
 The error  in this was that every Judge in Monis including 6 High Court Judges failed to identify that that the statute they were  constructing against the constitution had been modified and was missing its first line.
  Clearly the Judgment yesterday was to protect the error of the Chief Justice of the High Court Susan Kiefel who found the statute to be valid  regardless that it was not the statute legislated by parliament and so therefore unconstitutional.
The High Court had motivation to protect the error of of Susan Kiefel  and to protect the errors of many many other Judges in many many Courts in Australia