Minogue v Victoria [2018] HCA 27

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

CRAIG WILLIAM JOHN MINOGUE PLAINTIFF

AND

STATE OF VICTORIA DEFENDANT

Minogue v Victoria [2018] HCA 27 20 June 2018 M2/2017

ORDER

The questions stated by the parties in the special case filed 21 December 2017 be amended and the questions stated (as so amended) be answered as follows:

Question (a)

Is s 74AAA of the Corrections Act 1986 (Vic) ("the Corrections Act") capable of applying to the Plaintiff in circumstances where:

(i) before the commencement of that section:

(A) the Plaintiff's non-parole period had ended or parole eligibility date had occurred; or

(B) the Plaintiff had made an application for parole; or

(C) the Board had made a decision to proceed with parole planning in respect of the Plaintiff; or

(ii) before the commencement of s 127A of the Corrections Act, the Plaintiff had commenced this proceeding?

Answer

Yes.

Question (b)

Is s 74AAA of the Corrections Act capable of applying to the Plaintiff in circumstances where it was not an element of the offence of which the Plaintiff was convicted that the Plaintiff knew, or was reckless as to whether, the deceased was a police officer as defined by s 74AAA(6)?

Answer

Yes.

Question (ba)

If the answer to question (b) is "yes", is s 74AAA capable of applying to the Plaintiff in circumstances where the sentencing court, in determining the Plaintiff's sentence, did not make a finding for the purposes of s 3(2)(a) of the Crimes Act 1958 (Vic)?

Answer

Yes.

Question (bb)

If the answer to question (b) and question (ba) is "yes", is s 74AAA capable of applying to the Plaintiff only if he was sentenced on the basis that he knew that, or was reckless as to whether, the murdered person was a police officer as defined by s 74AAA(6)?

Answer

Yes.

Question (bc)

If the answer to question (bb) is "yes", does s 74AAA apply to the Plaintiff?