At that time, he had been convicted in absentia on a larceny charge over a vehicle key in New South Wales, but had not yet been sentenced.

[3] In April 2014, Culleton was involved in a dispute with a tow truck driver in Guyra, New South Wales.

[4] Culleton then pleaded guilty to the offence, and was ordered to pay the truck driver's costs with no conviction being recorded.

[5] Under section 44(ii) of the Constitution, any person who "has been convicted and is under sentence, or subject to be sentenced, for any offence punishable under the law of the Commonwealth or of a State by imprisonment for one year or longer" shall (section 44 continues) "be incapable of being chosen or of sitting as a senator or a member of the House of Representatives".

[7] The High Court had previously observed that the disqualification is not simply for the conviction for an offence, nor serving time in prison.

Any directions necessary to give effect to the conduct of the special count should be made by a single Justice.

[1][11][12] The majority stated, in an introductory summary of their judgment (with which Nettle J differed only as to reasoning):[13] Senator Culleton was a person who had been convicted and was subject to be sentenced for an offence punishable by imprisonment for one year or longer at the date of the 2016 election.