Criminal Law and Corrective Services

An application for a permanent stay of an indictment was brought by a former swimming coach on the basis of lack of fairness and oppression amounting to an abuse of process due to significant delay in proceedings. Reid DCJ found that the delay in prosecution of the accused since 2002 did amount to a breach of his right to a trial without unreasonable delay under the Human Rights Act 2019 (Qld).

This case concerned an application for bail for charges of murder and grievous bodily harm. The court briefly mentioned the rights of detained persons and the obligations the Human Rights Act 2019 (Qld) casts on the three branches of government, but there was no in-depth discussion as a human rights argument was not made by the applicant.

A prisoner applied for judicial review of the decision of the Parole Board of Queensland (‘the Board’) to refuse to grant his application for a parole order. Bradley J referenced the fact that, in reaching its decision, the Board must balance the legitimate competing interests of the applicant and the public, including the applicant’s common law and statutory right to liberty.

Human rights breaches by the NSW Police were argued by the plaintiff, but the court considered the argument to be irrelevant to the case.

The right not to be tried or punished more than once (Human Rights Act 2019 (Qld) s 34) was argued by the applicant, but not considered by the court.