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)
31/01/2022 Written submissions (Mr Ryan as amicus curiae)
09/02/2022 Written submissions (Second Respondent)
18/02/2022 Written submissions (Attorney-General of the Commonwealth intervening)
18/02/2022 Written submissions (Attorney-General for the State of New South Wales intervening)
18/02/2022 Written submissions (Attorney-General for the State of Victoria intervening)
18/02/2022 Written submissions (Attorney-General for the State of Tasmania intervening)
25/02/2022 Reply
10/03/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
10/03/2022 Outline of oral argument (Appellant)
10/03/2022 Outline of oral argument (Second Respondent)
10/03/2022 Outline of oral argument (Attorney-General of the Commonwealth of Australia intervening)
10/03/2022 Outline of oral argument (Attorney-General for the State of New South Wales intervening)
10/03/2022 Outline of oral argument (Attorney-General of the State of Queensland intervening)
10/03/2022 Outline of oral argument (Attorney-General for the State of South Australia intervening)
10/03/2022 Outline of oral argument (Attorney-General for the State of Tasmaina intervening)
11/03/2022 Hearing (Full Court, Canberra) (Audio-visual recording)
11/03/2022 Outline of oral argument (Attorney-General for the State of Victoria intervening)
07/09/2022 Judgment (Judgment summary)