High Court of Australia

Minogue v Victoria [2018] HCA 27

20 Jun 2018

Case Number: M2/2017


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


Criminal law – Parole – Where s 74AAA of Corrections Act 1986 (Vic) imposes conditions for making parole order for prisoner convicted and sentenced to imprisonment for murder of person who prisoner knew was, or was reckless as to whether person was, police officer – Where s 127A inserted into Corrections Act 1986 (Vic) stating s 74AAA applies regardless of whether prior to commencement of s 74AAA prisoner became eligible for parole, prisoner took steps to ask Adult Parole Board of Victoria ("Board") to grant parole, or Board began consideration of whether prisoner should be granted parole – Where prior to commencement of s 74AAA and s 127A plaintiff became eligible for parole and applied for parole and Board began consideration of whether plaintiff should be granted parole – Whether s 74AAA and s 127A apply to plaintiff.

Words and phrases – "non-parole period", "parole", "recklessness", "sentencing", "statutory construction".

Charter of Human Rights and Responsibilities Act 2006 (Vic) – ss 10, 22, 28, 31, 32.

Corrections Act 1986 (Vic) – ss 74AAA, 127A.

Crimes Act 1958 (Vic) – s 3.

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