Full Court Minute Books

Case P56/2021

Garlett v. The State of Western Australia & Anor

Case No.

P56/2021

Case Information

Lower Court

Supreme Court of Western Australia (Court of Appeal)

Catchwords

Constitutional law – Chapter III – Where appellant was sentenced to imprisonment after pleading guilty to two charges – Where appellant's previous offending included robbery – Where appellant referred to State Solicitor's Office to consider whether application should be made under s 35 of High Risk Serious Offenders Act 2020 (WA) (HRSO Act), which provided for State to apply for restriction order in relation to "serious offender under custodial sentence who is not a serious offender under restriction" – Where application was made for restriction order under s 48 of HRSO Act – Where appellant argued parts of HRSO Act were incompatible with Chapter III of Constitution – Whether provisions of HRSO Act contravene any requirement of Chapter III as they apply to serious offender under custodial sentence who has been convicted of robbery, referred to in item 34 of Schedule 1 Division 1 of HRSO Act.

Documents*

21/12/2021 Hearing (Single Justice, Canberra by video connection)

23/12/2021 Cause Removed

20/01/2022 Written submissions (Appellant)

20/01/2022 Chronology (Appellant)

09/02/2022 Written submissions (Second Respondent)

25/02/2022 Reply

*The due dates shown for documents on this page are indicative only.