Facts of makins v attorney general new south wales

A significant case in Australian law!

Makins v Attorney-General (NSW) [1987] HCA 21 is a landmark decision of the High Court of Australia, handed down on June 25, 1987. Here are some key facts and findings:

Background:

• The case involved a challenge to the validity of the New South Wales (NSW) Crimes (Appeal and Review) Act 1967, which allowed the Attorney-General to appeal against a sentence imposed by a court.
• The plaintiff, Makins, was convicted of murder and sentenced to life imprisonment. The Attorney-General appealed against the sentence, arguing that it was too lenient.
• Makins argued that the appeal was invalid because it was not authorized by the NSW Constitution.

Issues:

• The main issue before the High Court was whether the NSW Crimes (Appeal and Review) Act 1967 was validly enacted, and whether the Attorney-General had the power to appeal against a sentence imposed by a court.
• The Court also considered the relationship between the NSW Constitution and the Commonwealth Constitution, and whether the NSW Parliament had the power to enact laws that conflicted with the Commonwealth Constitution.

Findings:

• The High Court held that the NSW Crimes (Appeal and Review) Act 1967 was invalid because it was not authorized by the NSW Constitution.
• The Court found that the NSW Constitution did not provide for the Attorney-General to appeal against a sentence imposed by a court, and that the Act was therefore an invalid exercise of power by the NSW Parliament.
• The Court also held that the NSW Parliament did not have the power to enact laws that conflicted with the Commonwealth Constitution, and that the Act was invalid because it conflicted with the Commonwealth Constitution.

Significance:

• The Makins case is significant because it established the principle that the NSW Parliament does not have the power to enact laws that conflict with the Commonwealth Constitution.
• The case also highlighted the importance of the separation of powers between the legislative, executive, and judicial branches of government, and the need for each branch to respect the powers and limitations of the others.
• The decision has been cited in numerous subsequent cases, and remains an important authority on the relationship between the NSW Constitution and the Commonwealth Constitution.

Consequences:

• The invalidation of the NSW Crimes (Appeal and Review) Act 1967 led to changes in the NSW criminal justice system, including the introduction of new laws and procedures for appealing against sentences.
• The case also led to a greater emphasis on the importance of constitutional law and the need for careful consideration of the powers and limitations of the NSW Parliament.