Tuesday, 21 November 2017
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
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
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