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.
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)