adjudgment


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The most important of them is the adjudgment and punishment of criminal guilt under a law of the Commonwealth.
Standing outside the requirements of ch III and yet purporting to convict individuals of criminal guilt, these tribunals have vexed the High Court on several occasions because they appear to fly in the face of Chu Kheng Lim's classification of the adjudgment and punishment of criminal guilt as exclusively judicial.
110) This immunity has been succinctly described by Gummow J: 'A power of detention which is punitive in character and not consequent upon adjudgment of criminal guilt by a court cannot be conferred upon the Executive by a law of the Commonwealth': Kruger v Commonwealth (1997) 190 CLR 1, 161-2.