IN THE MATTER OF AN APPLICATION FOR AN ORDER NISI FOR A WRIT OF HABEAS CORPUS DIRECTED TO THE GOVENOR OF HER MAJESTY'S METROPOLITAN RECEPTION PRISON, PENTRIDGE IN THE STATE OF VICTORIA; EX PARTE MARK ALFRED CLARKSON | Legal Lookup
IN THE MATTER OF AN APPLICATION FOR AN ORDER NISI FOR A WRIT OF HABEAS CORPUS DIRECTED TO THE GOVENOR OF HER MAJESTY'S METROPOLITAN RECEPTION PRISON, PENTRIDGE IN THE STATE OF VICTORIA; EX PARTE MARK ALFRED CLARKSON
High Court of Australia
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H423
IN THE MATTER OF AN APPLICATION FOR AN ORDER NIST
DIRECTED TO THE GOVERNOR
:
| FOR_A WRIT OF HABEAS CORPUS
)
OF HER MAJESTY'S METROPOLITAN RECEPTION PRISON, PENTRIDGE
IN THE STATE OF VICTORIA;
EX PARTE MARK ALFRED CLARKSON
ORDER
Application dismissed for want of jurisdiction.
IN THE MATTER OF AN APPLICATION FOR AN ORDER NIST
FOR A WRIT OF HABEAS CORPUS
DIRECTED TO THE GOVERNOR
OF HER MAJESTY'S METROPOLITAN RECEPTION PRISON, PENTRIDGF
IN _THE STATE OF VICTORIA;
EX PARTE MARK ALFRED CLARKSON
JUDGMENT GIBRS C.J.
(oral)
IN THE
"ER OF AN APPLICATION FOR AN ORDER NIST
FOR_A_ WRIT OF HABEAS CORPUS
DIRECTED TO THE GOVERNOR
OF HER MAJESTY'S METROPOLITAN RECEPTION PRISON, PENTRIDGE
IN THE STATE OF VICTORIA;
EX PARTE MARK ALFRED CLARKSON
Before the Court is an application by one Mark Alfred
Clarkson, who is at present a prisoner in Pentridge prison,
for a writ of habeas corpus. No one has appeared to support
the application and, since it has not been served, no one
has appeared to oppose it.
It appears from a-lengthy affidavit filed by the
applicant that a variety of charges have been laid against
him and are pending. On 27 November 1984 O'Bryan J. in the
Supreme Court of Victoria made an order granting him bail on
condition that he support his recognizance with one surety
in the sum of $100,000 or two of $50,000 each, and on
1 February 1985 an application to reduce the amount of bail
was refused by Starke J. The applicant claims that the hail
is excessive and asserts on a number of grounds that he is
unlawfully held in custody.
This Court has no jurisdiction to entertain the
application. The applicant invokes the original
jurisdiction of the Court. That jurisdiction is principallv
defined in s.75 of the Constitution and s.30 of the
Judiciary Act, but neither of those provisions, nor any
other Commonwealth Act that I have seen, extends the
original jurisdiction of the Court to an application such as
the present.
The application is dismissed for want of jurisdiction.
iN - HIGH COURT OF AUSTRA_A
IN THE MATTER OF AN APPLICATION FOR AW ORDE:
NISI. FOR A WRIT OF HABEAS CORPUS DIRECTED T
THE GOVERNOR OF HER MAJESTY'S METROPOLITAN
RECEPTION PRISON, PENTRIDGE IN THE STAT= OF
VICTORIA;
EX PARTE: MARK ALFRED CLARKSON
REASONS FOR JUDGMENT
Judgment delivered at .... CANRERRB......
6th March 1985 (Oral)
on
RM74/30574
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