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14.

the exercise of judicial power that ha[d] occurred".[1] Importantly, the Court decided that s 74AA did not make the plaintiff's sentence of imprisonment "more punitive or burdensome to liberty".[2]

Minogue

39 In Minogue, the plaintiff had been convicted of murdering a police constable and had been sentenced to life imprisonment with a non-parole period of 28 years. When he became eligible to do so, the plaintiff applied for parole. Shortly after that, but before the Victorian Adult Parole Board had made any decision, s 74AAA was inserted into the Corrections Act. This limited the grant of parole in a similar way to s 154A of the Crimes (Administration of Sentences) Act (considered in Crump) and s 74AA of the Corrections Act (considered in Knight), relevantly, for a prisoner who had been convicted of murdering a police officer. In Minogue v Victoria,[3] this Court held that s 74AAA did not apply to the plaintiff.

40 Shortly after the handing down of that decision the Corrections Act was again amended to insert s 74AB. This greatly limited the possibility of parole for the plaintiff on an ad hominem basis (like the provision considered in Knight). The plaintiff commenced further proceedings in this Court challenging s 74AB and relevantly contended that s 74AB was contrary to Ch III of the Constitution insofar as the substantive operation and practical effect of the provision was to impose an additional or separate punishment in addition to the punishment imposed by the Supreme Court of Victoria at the time of sentencing "by extending the non-parole period or by increasing the severity of the plaintiff's punishment".[4] This argument was again rejected.

  1. ↑ (2017) 261 CLR 306 at 324 [29] per Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ.
  2. ↑ (2017) 261 CLR 306 at 324 [29] per Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ. See also Baker v The Queen (2004) 223 CLR 513 at 528 [29] per McHugh, Gummow, Hayne and Heydon JJ.
  3. ↑ (2018) 264 CLR 252.
  4. ↑ (2019) 268 CLR 1 at 13 [6] per Kiefel CJ, Bell, Keane, Nettle and Gordon JJ.
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