24 June 2009

High Court upholds the ACT Sentence Administration Board

| johnboy
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The ABC has the happy news that Justice Dyson Heydon of the High Court has turned down Mitchell Jacka’s efforts to prove the Sentence Administration Board is not able to turn periodic detention into regular detention following of breaches of orders.

    His lawyers argue the Board does not have the power to interfere with judicial decisions, under the Constitution and today took their case to the High Court.

    Justice Dyson Heydon refused Jacka’s bail application, saying it failed to meet exceptional circumstances and remitted the case to the Supreme Court.

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By refusing to take it on for exceptional circumstances my understanding is he’s deciding there’s minimal constitutional implications to the case.

IIRC the court usual errs on the side of the applicant on these matters.

VYBerlinaV8_the_one_they_all_copy8:56 am 25 Jun 09

Mitchell Jacka… do ya reckon his nickname is ‘Bum’?

Woody Mann-Caruso7:58 am 25 Jun 09

Did Heydon really “uphold the ACT Sentence Administration Board”? The article makes it look like he didn’t even get that far – just said ‘bail denied”, which isn’t necessarily the same thing (ie, he could rule to deny the bail application on a range of grounds without even considering the SAB’s powers). I’ll have to read the transcript…

“It’s the Constitution, it’s Mabo, it’s justice, it’s law, it’s the vibe, and… uh… no that’s it, it’s the vibe.

I rest my case”


So this means the AMC is not just for periodic detention then thank good ness.

Dear Mr Jacka,

Go to Gaol, Go directly to Gaol, do not pass go, etc…

hear hear!!

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