HCA: the legislature got its retaliation in first

Heydon J was critical of the legislature amending the legislation even before the decision was delivered in the controversial decision setting aside the convictions flowing from Centrelink charges in Commonwealth Director of Public Prosecutions v Poniatowska [2011] HCA 43 (26 October 2011) (see: summary). The rationale for it being that an omission of a physical element of an offence does not make it an element of the offence.

Brisbane Barrister – David Cormack