Date: 21 November 2019
Court: Supreme Court of Queensland
Judicial Officer: Bowskill J
Human Rights Act 2019 (Qld) Sections: s 34
Rights considered: Right not to be tried or punished more than once
Other Legislation: Corrective Services Act 2006 (Qld) ss 12, 19, 263, 264, 265, 271; Judicial Review Act 1991 (Qld) ss 3, 4, 31, 32, 38, 49, 50; Statutory Instruments Act 1992 (Qld) ss 7, 242E, 265

Keywords: Prisoner; Judicial review; Double jeopardy

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.

This case concerned an application for an order under section 38 of the Judicial Review Act 1991 (Qld) for a written statement of reasons regarding the decision to attach an ‘enhanced security offender’ flag to the applicant’s prison profile. The applicant argued that section 34 of Human Rights Act 2019 (Qld) applied (right not to be tried or punished more than once), but the court found it unnecessary to consider this argument.

Bowskill J held at [46]: ‘It is unnecessary to deal with some of the other points raised by the applicant, including that the activation of a warning indicator flag on his file breaches the laws against double jeopardy; that it breaches… s 34 of the Human Rights Act 2019 (affirming the right of a person not to be tried or punished more than once for the same offence); …[and] that he was not afforded procedural fairness, in the sense of being given an opportunity to be heard, and make submissions’.

The application was ultimately dismissed: at [53].

Visit the reported judgement: Boyy v Executive Director of Specialist Operations of Queensland Corrective Services [2019] QSC 283