Catchwords

CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PROSECUTION - FILING OF INFORMATION, PRESENTMENT OR INDICTMENT –QUEENSLAND - where appellant convicted of offences under the Criminal Code (Qld) – where indictment presented and prosecution conducted by a barrister in private practice holding commission to prosecute offences in Queensland pursuant to ss 560(2) and 561(2) Criminal Code – where barrister instructed by the Commonwealth Director of Public Prosecutions (“CDPP”) – where CDPP funded prosecution – where Queensland Director of Public Prosecutions ("QDPP") consented to the CDPP presenting the indictment – whether CDPP had lawful authority to indict and prosecute the appellant in right of the Commonwealth or in right of the State of Queensland

CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – MISCELLANEOUS POWERS OF THE COMMONWEALTH – MATTERS REFERRED BY STATES - where CDPP had consent of Commonwealth A-G under s 6(1)(m) DPP Act (Cth) to prosecute offences on indictment – where QDPP made an informed consent to CDPP carrying on prosecution – whether receipt of prosecutory authority under s 6(1)(m) supported by a Constitutional head of power – where prosecution of indicted offences related to matters within s 51(xx) Constitution

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PROSECUTION – OTHER MATTERS - where administrative arrangement between QDPP and CDPP contemplating the prosecution of Queensland offences by CDPP –– whether QDPP can executively refer prosecutory power