Momcilovic v The Queen [2011] HCA 34 (8 September 2011)

Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Appellant convicted of trafficking in methylamphetamine – Commonwealth offence prescribed lower maximum penalty than State offence and different sentencing regime – Judicial power of Commonwealth – Constitution, Ch III – Functions conferred on State courts by State law – Compatibility with role of State courts under Ch III – Whether declaration made under s 36 of Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) subject to appellate jurisdiction of High Court conferred by s 73 of Constitution – Criminal law – onus – Statutes – Severance – Interpretation – Procedure – Costs

Michelle Rabsch appeared with M G Sexton SC, intervening on behalf of the Attorney-General for the State of New South Wales.