Bakewell v The Queen [2009] HCA 24

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

JONATHAN PETER BAKEWELL APPELLANT

AND

THE QUEEN RESPONDENT

Bakewell v The Queen [2009] HCA 24

7 July 2009

D5/2009

ORDER

1. Appeal allowed.

2. Set aside the orders of the Full Court of the Supreme Court of the Northern Territory made on 11 December 2008 and, in lieu thereof, order that the questions referred to that Court be answered as follows:

Question 1: Is subs 19(3), subs 19(7) and/or subs 19(9) of the Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT) (as amended) ("the Act") invalid in its application to Bakewell because:

(a) it infringes the principle in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; or

(b) it otherwise constitutes an unwarranted interference with the judicial power of the Supreme Court of the Northern Territory?

Answer: Unnecessary to answer.

Question 2: Does the Director's application made under subs 19(9) of the Act on 26 May 2008 ("application") constitute a contempt of the Supreme Court of the Northern Territory?

Answer: Unnecessary to answer.

Question 3: Should the proceedings commenced by the application be permanently stayed because they:

(a) are oppressive?

(b) are scandalous, frivolous or vexatious?

(c) constitute an abuse of process of the Supreme Court of the Northern Territory?

Answer: Unnecessary to answer.

Question 4: Does s 19 of the Act (as amended) apply to Bakewell?

Answer: No.

Question 5: Should Bakewell's non-parole period of 20 years set by s 18 of the Act (as amended) be revoked and replaced with a non-parole period of 25 years?

Answer: Unnecessary to answer.

On appeal from the Supreme Court of the Northern Territory

Representation

M L Abbott QC with I L Read for the appellant (instructed by Legal Aid Commission)

M P Grant QC, Solicitor-General for the Northern Territory with S L Brownhill for the respondent (instructed by Solicitor for the Northern Territory)