R v Essenberg

[2002] QCA 4

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Summary offences
3. › Weapons offences
4. › Possession of weapon while unlicensed
5. › Appeal from District Court to Court of Appeal
6. › Leave to appeal
7. › Whether point of law identified
8. › District Court Act 1967 (Qld), s 118
1. Constitutional Law
2. › State legislative power
3. › Power to override Magna Carta
4. › Whether State legislature may enact legislation inconsistent with Magna Carta
5. › Whether summary trial provisions valid
1. Constitutional Law
2. › State executive power
3. › Validity of appointment of State Governor
4. › Whether invalidity of appointment affects validity of legislation assented to
1. Criminal Law
2. › Right to legal representation
3. › Dietrich v The Queen
4. › Whether right to stay proceedings for lack of representation applies to summary offences

Quick Take

State legislatures have complete power to enact legislation inconsistent with Magna Carta, and the Dietrich right to a stay for lack of legal representation does not extend to minor summary offences such as weapons possession attracting a $400 fine.