Kable v Director of Public Prosecutions [1996] HCA 24 | 12 September 1996

ON 12 SEPTEMBER 1996, the High Court of Australia delivered Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; (1996) 189 CLR 51 (12 September 1996).

The High Court established the principle that a State Parliament may not legislate to confer a power on a State Court that is inconsistent or repugnant to the State Court’s Chapter III judicial power as a court exercising federal jurisdiction under the Constitution.

The High Court held that the Community Protection Act 1994 (NSW) was incompatible with Chapter III as it required the NSW Supreme Court to order the continued imprisonment of a person convicted of manslaughter after the expiration of his sentence.

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