High Court of Australia dismisses appeal against conviction, compulsory voting
Wednesday, April 17, 2013
Last Friday, following over two years of lawsuit over failure to participate in general election, Anders Holmdahl attended a High Canberra to , South Australia, claiming voting is a right, not a duty, citing the . However the Justices dismissed the application for leave to appeal against conviction, ruling it had "no prospect of success" over a point that was enacted within power.of Australia hearing with an audio-link from
Anders Holmdahl was represented by, the president of the Australian Criminal Lawyers Association, throughout the process.
Anders Holmdahl cited "fundamental distinction" between the words vote, which he defined as "exercise of free will"; right, "something you are privileged to be granted"; and duty, "something you are required to do". After a 20-minute discourse with the lawyer representing the applicant, Justice said, "An appeal to this Court would enjoy no prospect of success. Special leave to appeal is refused." and adjourned the Court. Justices , were also present at the hearing and participated in the verbal discourse, also enquiring the lawyer about their reasoning but not specifying reasons other than what Hayne J said. Wikinews contacted both Anders Holmdahl and the High Court and confirmed there was no other documentation of reasons behind the judgment.
The standardprocedures involve hearing each matter by a single Justice and only escalating it after a special leave to appeal is granted. The current case had been irregular, as the matter had been escalated to the Full Court (three Justices) directly.
The appeal also had exhausted lower means of appeal before being lodged in High Court; the Federal Parliament has the power to make laws "with respect to ... matters in respect of which this Constitution makes provision until the Parliament otherwise provides". The Court concluded that was legislation enacted within power.had dismissed it on September 24, 2012. It cited that the Australian Constitution allows each state to enact their own election laws, and the
Prior to escalation to the Supreme Full Court of South Australia, in May 2012, a single Justice Gray had forwarded the matter for consideration of Full Court (three Judges) at his discretion. This happened several months after a Magistrate had recorded the conviction following a trial in February 2012. Anders Holmdahl originally pleaded not guilty during his first Magistrates court appearance in December 2011 regarding the August 21, 2010 election.
The Parliament of Australia. At the time of the election, Anders Holmdahl was enrolled as an elector on the Commonwealth Electoral Roll for the .requires all citizens to enroll. Then they must vote at each general election — election of members of the House of Representatives and Senate of the
The High Full Court hearing was a last instance of appeal with further escalation only possible at international level. Anders Holmdahl had decided to take the case before the.
- "Voting" — , April 17, 2013 (access date)
- Holmdahl v Australian Electoral Commission & Anor 2013 HCATrans 72 (12 April 2013)" — , April 15, 2013. "
- "Results of applications for special leave to appeal" — , April 12, 2013
- "Special leave applications to be heard in Canberra by video-link to Adelaide and Perth" — , April 12, 2013
- "Compulsory vote fight knocked down" — , April 12, 2013
- Miles Kemp. "SA man Anders Holmdahl's fight against compulsory voting to go to High Court" — , April 5, 2013
- Supreme Court of South Australia. "HOLMDAHL v AUSTRALIAN ELECTORAL COMMISSION (No 2) 2012 SASCFC 110" — , September 24, 2012
- Supreme Court of South Australia. "HOLMDAHL v AUSTRALIAN ELECTORAL COMMISSION 2012 SASC 76" — , May 11, 2012
- "COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT" — April 12, 2013 (access date)