Ackermann J
The parties can in any event suffer no prejudice. It is clear that, at the time, they were under a misapprehension as to what their concessions in relation to the order meant and also as to the effect of the order made by Heher J. All the parties requested the Court, in relation to the constitutional invalidity of the offence itself, to exercise its powers under section 172(1)(b). In my view we are constitutionally obliged to do so in the present case.
85
