High Court of Australia

Knight v Victoria [2017] HCA 29

17 Aug 2017

Case Number: M251/2015


Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJ


Constitutional law (Cth) – Constitution – Ch III – State Supreme Courts – Principle in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; [1996] HCA 24 – Where s 74AA of Corrections Act 1986 (Vic) prevents parole order in respect of plaintiff unless Adult Parole Board satisfied plaintiff in imminent danger of dying or seriously incapacitated and does not have physical ability to harm any person – Where s 74AA identifies plaintiff by name and only applies to plaintiff – Whether s 74AA interferes with sentences imposed by Supreme Court in manner which substantially impairs institutional integrity of Supreme Court – Whether Crump v New South Wales (2012) 247 CLR 1; [2012] HCA 20 distinguishable – Whether necessary or appropriate to decide if function conferred by s 74AA could validly be exercised by division of Adult Parole Board which includes current judicial officer.

Words and phrases – "enlistment of judicial officers", "institutional integrity", "minimum term", "non-parole period", "parole", "party-specific legislation", "sentencing".

Constitution – Ch III.

Corrections Act 1986 (Vic) – ss 61, 61A, 64, 74, 74AA, 74AAB.

Corrections Amendment (Parole) Act 2014 (Vic) – ss 1, 3.

Interpretation of Legislation Act 1984 (Vic) – ss 4, 6.

Penalties and Sentences Act 1985 (Vic) – s 17.

Sentencing Act 1991 (Vic) – Sched 1, cl 2.

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