CATCHWORDS
Cherry v Queensland
Constitutional law – Separation of powers – Judicial power – Principle established in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 ("Kable") – Where plaintiff convicted of two counts of murder and sentenced to life imprisonment with a non-parole period of 20 years – Where body of one of murder victims never located – Where parole board of Queensland may make "no cooperation declaration" under s 175L of Corrective Services Act 2006 (Qld) ("CS Act") about "no body-no parole prisoner" where remains of victim not found and where not satisfied prisoner has given "satisfactory cooperation" – Where effect of "no cooperation declaration" is that prisoner may not apply for parole notwithstanding expiration of non-parole period – Where president of parole board may make "restricted prisoner declaration" about "restricted prisoner" under s 175E of CS Act – Where effect of "restricted prisoner declaration" is that prisoner may not apply for parole other than "exceptional circumstances parole" – Where "no cooperation declaration" was made about plaintiff and "restricted prisoner declaration" may be made if "no cooperation declaration" invalid – Whether ss 175L and 175E of CS Act invalid as enabling Queensland executive to impermissibly interfere with exercise of judicial power by State courts contrary to principle in Kable.
Words and phrases – "adjudgment of criminal guilt", "body or remains", "conditions for the grant of parole", "defining characteristics of a State Supreme Court", "eligibility for parole", "eligible person", "exceptional circumstances parole", "executive power", "judicial power", "minimum period of imprisonment", "no body-no parole prisoner", "no cooperation declaration", "non-parole period", "parole", "parole board", "power to grant parole", "prisoner", "public interest", "punishment", "punitive purpose", "restricted prisoner", "restricted prisoner declaration", "retribution", "satisfactory cooperation", "sentence imposed by the sentencing judge".
Corrective Services Act 2006 (Qld), ss 175B, 175C, 175D, 175E, 175F, 175G, 175H, 175I, 175K, 175L, 175N, 175O, 175P, 175Q, 175R, 175S, 175T, 175U, 176, 176A, 176B, 176C, 180, 193A, 193AA, 221, 222.
Corrective Services (No Body, No Parole) Amendment Act 2017 (Qld).
Police Powers and Responsibilities and Other Legislation Amendment Act 2021 (Qld).
Crimes (Administration of Sentences) Act 1999 (NSW), s 154A.
Corrections Act 1986 (Vic), ss 74AA, 74AAA, 74AB.
