NSW Caselaw
New South Wales Supreme Court
CITATION : Wedge v Commissioner of Corrective Services & Ors [2006] NSWSC 998
HEARING DATE(S) : 22/09/2006
JUDGMENT DATE : 26 September 2006
JURISDICTION : Common Law Division
JUDGMENT OF : Hidden J at 1
DECISION : The plaintiff entitled to release.
CATCHWORDS : CRIMINAL LAW: administration of prisons – habeas corpus – plaintiff sentenced to term of imprisonment with non-parole period – parole order made by sentencing court – transferred to hospital under s97, Mental Health Act – forensic patient – non-parole period expired – procedure under s86, Mental Health Act yet to be undertaken – whether the plaintiff is entitled to release by virtue of parole order
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Mental Health Act 1990 Crimes (Administration of Sentences) Act 1999
Hamilton v Director-General, Department of Health and Anor (James J, unreported, 13 April 1995) CASES CITED : McDonald v Commissioner of Corrective Services & anor [2006] NSWSC 496 Beckwith v The Queen (1976) 135CLR 569
Norman Gary Wedge - Plaintiff Commission of Corrective Services - 1st Defendant PARTIES : State of New South Wales - 2nd Defendant Medical Superindendent of the Long Bay Prison Hospital - 3rd Defendant
FILE NUMBER(S) : SC 2006/30118
COUNSEL : S Beckett (plaintiff) R Cogswell SC (defendants)
SOLICITORS : Geoffrey Tremelling - Legal Aid (plaintiff) Office of the Crown Solicitor (defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL JURISDICTION
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