KABLE v DIRECTOR OF PUBLIC PROSECUTIONS [1995] NSWCA 226

KABLE v DIRECTOR OF PUBLIC PROSECUTIONS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 27 February 1995

[1995] NSWCA 226

Mahoney JA. This is a matter which comes before the Court on a motion for expedition and for dispensing with the filing of appeal papers. It arises because Levine J within the last few days has felt it appropriate to make an order under s 5 of the Community Protection Act 1994. I can understand the circumstances in which his Honour felt it appropriate so to do. The result of that is that a person who is presently not the subject of any conviction for an offence has been directed, as I understand, to be held in custody for the next six months.

Attacks have been made below and on appeal against that order. An appeal lies under s 25(1) of that Act and it is agreed between the parties that on the proper interpretation of that section no leave to appeal is necessary. No doubt if leave were necessary the Court on appeal would grant such leave.

It is sought to attack both the construction of the Act itself and the orders which have been made and it is proposed, in addition, to urge, as they have been described, Constitutional grounds, both State and Federal, against the validity of the Act or theorders which have been made. Dr Woods, at my suggestion, has very briefly sketched the matters in question and it is not necessary for me to repeat them.

This is an extraordinary Act. It may be that it was passed to deal with extraordinary circumstances but whether or not it is an Act which, considered socially, is justified, the need to determine the legal validity of it and the effect of the order which has been made is an urgent need. I think this is a case in which a very urgent hearing should be granted. I propose therefore to direct that the matter be listed for hearing urgently upon a date to be fixed by the President and notified to the parties.