High Court of Australia

Re Culleton [No 2] [2017] HCA 4

3 Feb 2017

Case Number: C15/2016

Before

Kiefel, Bell, Gageler, Keane, Nettle JJ

Catchwords

Parliamentary elections (Cth) – Senate – Reference to Court of Disputed Returns – Where at date of nomination person convicted of offence punishable by term of imprisonment for one year or longer – Where person liable to be sentenced – Where person elected as Senator – Where conviction subsequently annulled – Whether annulment of conviction of retrospective effect – Whether person incapable of being chosen as Senator under s 44(ii) of Constitution – Whether vacancy should be filled by special count of ballot papers.

Words and phrases – "annulment", "convicted and is under sentence, or subject to be sentenced", "incapable of being chosen", "retrospective effect", "special count", "void ab initio".

Constitution – s 44(ii).

Commonwealth Electoral Act 1918 (Cth) – ss 364, 376.

Crimes Act 1900 (NSW) – s 117.

Crimes (Appeal and Review) Act 2001 (NSW) – ss 4, 8, 9, 10.

Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 10, 25.

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