Which of the following is legally bound by a precedent set by the High Court in a matter of NSW criminal law?
(A) The NSW Parliament
(B) The Australian Parliament
(C) A foreign national living in NSW
(D) A NSW resident on holiday in Tasmania - HSC - SSCE Legal Studies - Question 7 - 2006 - Paper 1
Question 7
Which of the following is legally bound by a precedent set by the High Court in a matter of NSW criminal law?
(A) The NSW Parliament
(B) The Australian Parliament
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Worked Solution & Example Answer:Which of the following is legally bound by a precedent set by the High Court in a matter of NSW criminal law?
(A) The NSW Parliament
(B) The Australian Parliament
(C) A foreign national living in NSW
(D) A NSW resident on holiday in Tasmania - HSC - SSCE Legal Studies - Question 7 - 2006 - Paper 1
Step 1
C) A foreign national living in NSW
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Answer
In the context of NSW criminal law, precedents set by the High Court are binding on lower courts in New South Wales. This means that any person who is subject to the laws of New South Wales, including a foreign national living in the state, is bound by those precedents. Therefore, option (C) is correct as it reflects the principle that any individual residing in NSW must adhere to the state's laws, which are based on precedents set by the High Court.