High Court of Australia

Lewis v Australian Capital Territory [2020] HCA 26

5 Aug 2020

Case Number: C14/2019

Before

KIEFEL CJ, GAGELER, KEANE, GORDON, EDELMAN JJ

Catchwords

Damages – Tort – False imprisonment – Where appellant convicted and sentenced to 12 months' imprisonment served by periodic detention – Where appellant breached obligations of periodic detention – Where appellant liable to arrest without warrant – Where Sentence Administration Board ("Board") required by statute to decide to cancel appellant's periodic detention – Where Board's decision was held invalid for lack of procedural fairness – Where appellant unlawfully imprisoned in full-time detention for 82 days following Board's invalid decision – Where appellant's liberty already qualified and attenuated – Where appellant's imprisonment would otherwise have lawfully occurred – Where appellant awarded nominal damages – Whether award of only nominal damages appropriate – Whether appellant entitled to substantial compensatory damages – Whether vindicatory damages available.

Words and phrases – "aggravated damages", "alternative causes", "but for", "causation", "compensatory damages", "compensatory principle", "counterfactual", "damages", "exemplary damages", "false imprisonment", "lawful authority", "liability", "loss", "material contribution", "nominal damages", "periodic detention", "relief", "substantial damages", "substitutionary remedy", "user principle", "vindication", "vindicatory damages", "wrongful act".

Crimes (Sentence Administration) Act 2005 (ACT) – Ch 5.
PDF   RTF



PDF MD5: 90350a5423815e9b42f879f5232d186a
RTF MD5: 8a438ff53555b6083e82ca151bc48c7e