Full Court Minute Books

Case S165/2011

Crump v. State of New South Wales and Anor

Case No.

S165/2011

Case Information

Catchwords

Constitutional law (Cth) — Chapter III — State Supreme Courts — Variation or alteration of judgment, decree, order or sentence by Parliament — Plaintiff convicted of murder and conspiracy to murder and sentenced to life imprisonment on both counts — Sentencing judge expressed view that plaintiff should never be released — Pursuant to s 13A of Sentencing Act 1989 (NSW), Supreme Court of New South Wales subsequently fixed dates on which plaintiff eligible for release on parole — Section 154A of Crimes (Administration of Sentences) Act 1999 (NSW) ("Administration Act") provides that Parole Authority may make order directing release of person subject to non-release recommendation only in prescribed circumstances — Parole Board determined plaintiff ineligible for parole pursuant to s 154A of Administration Act — Whether s 154A of Administration Act invalid because it has effect of varying or otherwise altering a judgment, decree, order or sentence of Supreme Court of New South Wales in a matter within meaning of s 73 of Commonwealth Constitution.

Short Particulars

Documents

10/05/2011 Writ of summons

10/05/2011 Notice of constitutional matter (Plaintiff)

16/05/2011 Submitting appearance (Second Defendant)

25/08/2011 Hearing (Single Justice, Sydney)

20/09/2011 Hearing (Single Justice, Sydney)

16/11/2011 Hearing (Single Justice, Sydney)

01/02/2012 Written submissions (Plaintiff)

15/02/2012 Written submissions (First Defendant)

22/02/2012 Written submissions (Attorney-General of the Commonwealth intervening)

22/02/2012 Written submissions (Attorney-General for the State of South Australia intervening)

22/02/2012 Written submissions (Attorney-General for the State of Victoria intervening)

22/02/2012 Written submissions (Attorney-General for the State of Western Australia intervening)

27/02/2012 Written submissions (Attorney-General of the State of Queensland intervening)

29/02/2012 Reply

27/03/2012 Hearing (Full Court, Canberra)

04/05/2012 Judgment  (Judgment summary)