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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.

Short particulars

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)