High Court of Australia

Pollentine v Bleijie [2014] HCA 30

88 ALJR 796; 311 ALR 332

14 Aug 2014

Case Number: B39/2013


French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ


Constitutional law – Constitution, Ch III – Institutional integrity of State courts - Section 18(1) of Criminal Law Amendment Act 1945 (Q) allowed trial judge to direct two or more medical practitioners to inquire as to mental condition of person found guilty of offence of sexual nature committed upon or in relation to child – Where medical practitioners report that offender is incapable of exercising proper control over offender's sexual instincts, s 18(3) allowed trial judge to declare offender to be so incapable and to direct offender to be detained in institution during Her Majesty's pleasure – Section 18(5) required offender to be detained and not to be released until Governor in Council satisfied on report of two legally qualified medical practitioners that it is expedient to release offender – Plaintiffs found guilty of committing sexual offences against children – Plaintiffs declared to be incapable of exercising proper control over sexual instincts – Plaintiffs detained in institution at Her Majesty's pleasure – Whether s 18 repugnant to or incompatible with institutional integrity of State courts.

Words and phrases – "during Her Majesty's pleasure", "expedient to release", "institutional integrity", "is incapable of exercising proper control over . . . sexual instincts".

Constitution – Ch III.

Criminal Law Amendment Act 1945 (Q) – ss 18, 18A-18H.

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