Criminal Law.

The effect of Fardon v AG (Qld) (2004) 223 CLR 575 is that a State or Territory Parliament may validly authorise its Supreme Court to commit to prison a person who poses an unacceptable risk of committing a serious sexual offence if released at the end of his or her prison sentence. But, in the same case, Gummow J (with whom Kirby J agreed on this point) contended that Chapter III of the Commonwealth Constitution prevents the Commonwealth Parliament from passing similar legislation. In Minister of Home Affairs v Benbrika (2021) 95 ALJR 166, a majority of the High Court held that his Honour was wrong. This seminar considers the reasons that the majority Justices gave for rejecting Mr Benbrika’s attack on Division 105A of the Criminal Code (Cth), which authorises a State or Territory Supreme Court to impose continuing detention orders on terrorist offenders who pose an unacceptable risk of committing certain terrorist offences if released into the community. The seminar also examines the more liberal approach adopted by Gageler and Gordon JJ in their respective dissents. The seminar suggests that Benbrika is consistent with the Court’s recent decisions in cases where ‘law and order’ measures are attacked on Chapter III grounds.

CPD accreditation

Information for lawyers and barristers

Full attendance at this webinar is equal to 1.5 MCLE/CPD units.

Prerequisites

None

Delivery style

This is an online webinar. Once enrolled, you will be provided a link to the recording and can watch on demand.

Full series registration

CLICK HERE to register for the full series (7 webinars)

Further enquiries

• T +61 2 9351 0248
• E law.events@sydney.edu.au