Cases

Background

In this case the plaintiff had received a ‘combination sentence’ (s 29 Crimes (Sentencing) Act 2005) (ACT)) for two separate convictions: driving whilst disqualified and causing grievous bodily harm by a negligent act.

The plaintiff had applied to the High Court seeking declarations that certain provisions of the Crimes (Sentence Administration) Act 2005 (ACT) were constitutionally invalid on the basis that they undermined the independence and authority of the Territory courts (Jacka v The Australian Capital Territory and Anor [2009] HCATrans 151 (C4/09). Heydon J in the High Court remitted this matter to the ACT Supreme Court for determination.

This ex tempore judgment of Refshauge J concerns direction orders sought by the plaintiff in this matter. The plaintiff sought direction that the matter be heard together with Lewis v The Chief Executive of the Department of Justice and Community Safety & Anor (SC 353 of 2009)(‘Lewis’) as both matters were identical, and Lewis and the plaintiff were both represented by the same lawyers.

Decision

Refshauge J ordered that this matter be heard together with the matter of Lewis. 

Reasoning

His Honour made only a passing mention of the HRA, when noting the differences between this matter and the Lewis matter. His Honour noted that Mr. Lewis had separately argued that ‘the Sentence Administration Act was enacted contrary to the Human Rights Act 2004 (ACT) (at 4).

Justice Refshauge then went on to determine that it was appropriate for this matter to be joined with the Lewis matter, without further mention of the HRA.

The Decision