Minogue v. State of Victoria
Case No.
M162/2018
Case Information
Catchwords
Constitutional law – Parole – Where plaintiff convicted of murder of police officer – Where plaintiff sentenced to life imprisonment – Where non-parole period expired on 30 September 2016 – Where Corrections Amendment (Parole) Act 2018 (Vic) inserted new ss 74AAA, 74AB and 127A into Corrections Act 1986 (Vic) – Whether s 74AAA applies to plaintiff or to consideration of grant of parole to him – Whether ss 74AB and (if applicable) 74AAA substantively amount to cruel, inhuman or degrading treatment or punishment within meaning of Art 7 of International Covenant on Civil and Political Rights – Whether provision(s) invalid as unconstitutional and/or beyond power of Victorian Parliament.
Documents
23/10/2018 Writ of summons
13/12/2018 Hearing (Single Justice, Melbourne)
22/01/2019 Notice of constitutional matter (Plaintiff)
14/02/2019 Special Case Stated
27/02/2019 Written submissions (Plaintiff)
08/03/2019 Written submissions (International Commission of Jurists (Victoria) seeking leave to intervene)
26/03/2019 Written submissions (Defendant)
02/04/2019 Written submissions (Attorney-General for the State of New South Wales intervening)
02/04/2019 Written submissions (Attorney-General for the State of South Australia intervening)
02/04/2019 Written submissions (Attorney-General for the State of Western Australia intervening)
05/04/2019 Hearing (Single Justice, Melbourne)
23/04/2019 Reply
18/06/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
18/06/2019 Outline of oral argument (Plaintiff)
18/06/2019 Outline of oral argument (Defendant)
18/06/2019 Outline of oral argument (Attorney-General for the State of New South Wales intervening)
18/06/2019 Outline of oral argument (Attorney-General for the State of South Australia intervening)
18/06/2019 Outline of oral argument (Attorney-General for the State of Western Australia intervening)
11/09/2019 Judgment (Judgment summary)