Cherry v. State of Queensland
Case No.
Case no B11/2024
Case Information
Catchwords
Constitutional law – separation of powers – judicial power – where plaintiff convicted of two counts of murder in 2002 and sentenced to life imprisonment with mandatory minimum non-parole period of 20 years – where body of second victim never located – where in 2021 new provisions inserted into Corrective Services Act 2006 (Qld) (“CSA”) to amend “no body-no parole” scheme and introducing new “restricted prisoners” regime – where President of Parole Board of Queensland may make “no co-operation” declaration under s 175L of CSA in respect of a “no body – no parole” prisoner where remains of victim not found and where Board not satisfied prisoner has given “satisfactory co-operation” – where effect of declaration is that prisoner may not apply for parole notwithstanding parole eligibility date set by sentencing judge – where under s 175E of CSA President of Parole Board can make declaration about restricted prisoner (relevantly defined as prisoner sentenced to life imprisonment for more than one conviction of murder) – where effect of declaration is that prisoner may not apply for parole other than in “exceptional circumstances parole” under s 1767 – where plaintiff subject to “no co-operation” declaration and liable for “restricted prisoner” declaration if former lapses – validity of provisions under Ch 5, Divs 1 and 2 CSA – whether ss 175L and 175E CSA invalid as enabling Queensland executive to impermissibly interfere with exercise of judicial power by State Courts contrary to principle established in Kable v Director of Public Prosecutions (1996) 189 CLR 51.
Documents*
04/03/2024 Writ of summons
23/09/2024 Hearing (Single Justice, Brisbane by video connection)
27/09/2024 Order referring special case to the Full Court
04/10/2024 Special case stated
21/10/2024 Written submissions (Plaintiff)
22/11/2024 Written submissions (Defendant)
06/12/2024 Written submissions (Attorney-General for the State of New South Wales, intervening)
06/12/2024 Written submissions (Attorney-General for the State of South Australia, intervening)
06/12/2024 Written submissions (Attorney-General for the Northern Territory, intervening)
06/12/2024 Written submissions (Attorney-General for the State of Western Australia, intervening)
06/12/2024 Written submissions (Attorney-General of the State of Victoria, intervening)
24/01/2025 Reply
04/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
04/02/2025 Outline of oral argument (Plaintiff)
04/02/2025 Outline of oral argument (Defendant)
04/02/2025 Outline of oral argument (Attorney-General for the State of New South Wales, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the State of South Australia, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the Northern Territory, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the State of Western Australia, intervening)
04/02/2025 Outline of oral argument (Attorney-General for the State of Victoria, intervening)
09/04/2025 Judgment (Judgment summary)