By -

Key decisions

  • Pollentine v Bleijie [2014] HCA 30
  • Fitzgerald v The Queen [2014] HCA 28
  • Honeysett v The Queen [2014] HCA 29

Constitutional law

Judicial power – state provisions authorising indefinite detention for sex offenders

In Pollentine v Bleijie [2014] HCA 30 (14 August 2014) P and R separately pleaded guilty in Queensland in 1984 to sexual offences committed against children. The respective sentencing judges found that P and R were incapable of controlling their sexual instincts within Part IV of the Criminal Law Amendment Act 1945 (Qld). The Part made provision for indeterminate detention and probation of offenders convicted of sexual offences and provided for certain offenders to be detained until the Governor-in-Council was satisfied by medical reports that release was expedient. The High Court rejected a Kable challenge to the provisions: French CJ, Hayne, Crennan, Kiefel, Bell, Keane JJ jointly; sim Gageler J. Questions in case stated in the original jurisdiction answered accordingly.

You've reached the end of this article preview

There's more to read! Subscribe to LSJ today to access the rest of our updates, articles and multimedia content.

Subscribe to LSJ

Already an LSJ subscriber or Law Society member? Sign in to read the rest of the article.

Sign in to read more