Full Court Minute Books

Case M2/2017

Minogue v. State of Victoria

Case No.

M2/2017

Case Information

Catchwords

Constitutional law – Parole – Corrections Act 1986 (Vic) s 74AAA – Where plaintiff convicted of murder – Where victim was police officer – Where plaintiff sentenced to life imprisonment – Where non-parole period expired on 30 September 2016 – Where Justice Legislation Amendment (Parole Reform and Other matters) Act 2016 (Vic) inserted s 74AAA into Corrections Act – Where s 74AAA imposes conditions for making parole order for prisoner who murdered police officer – Where Corrections Legislation Further Amendment Act 2017 (Vic) inserted s 127A into Corrections Act – Where s 127A provides s 74AAA applies regardless of whether prior to commencement of s 74AAA prisoner became eligible for parole, prisoner took steps to ask Board to grant parole, or Board began consideration of whether prisoner should be granted parole – Whether s 74AAA applies where prior to commencement of s 74AAA, plaintiff became eligible for parole, plaintiff made application for parole, or Board decided to proceed with parole planning – Whether s 74AAA applies where plaintiff commenced proceeding prior to commencement of s 127A – Whether s 74AAA applies where knowledge or recklessness as to whether victim was police officer was not element of offence of which plaintiff convicted – Whether s 74AAA and/or s 127A invalid as unconstitutional.

Short particulars

Documents

03/01/2017 Writ of summons

12/01/2017 Notice of constitutional matter (Plaintiff)

11/04/2017 Hearing (Single Justice, Melbourne)

06/06/2017 Hearing ((Single Justice, Melbourne)

16/06/2017 Amended Writ of summons

06/10/2017 Hearing (Single Justice, Melbourne)

20/10/2017 Amended Statement of claim

21/12/2017 Special case stated

02/03/2018 Consent order varying timetable

12/03/2018 Written submissions (Plaintiff)

16/04/2018 Written submissions (Defendant)

30/04/2018 Reply (Plaintiff)

30/04/2018 Written submissions (Attorney-General for the State of New South Wales intervening)

30/04/2018 Written submissions (Attorney-General of the State of Queensland intervening)

30/04/2018 Written submissions (Attorney-General for the State of Western Australia intervening)

30/04/2018 Written submissions (Attorney-General for the State of South Australia intervening)

20/06/2018 Judgment (Judgment summary)

15/05/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

15/05/2018 Outline of oral argument (Plaintiff)

15/05/2018 Outline of oral argument (Defendant)

15/05/2018 Outline of oral argument (Attorney-General for the State of New South Wales Intervening)

15/05/2018 Outline of oral argument (Attorney-General of the State of Queensland intervening)

15/05/2018 Outline of oral argument (Attorney-General for the State of Western Australia intervening)

15/05/2018 Outline of oral argument (Attorney-General for the State of South Australia intervening)

20/06/2018 Judgment (Judgment summary)