Bakewell v The Queen [2009] HCA 24

Bakewell v The Queen [2009] HCA 24

After transfer to South Australia, the appellant was no longer a 'prisoner' for the purposes of the relevant Northern Territory legislation; thus the Supreme Court of the Northern Territory had no authority to revoke or alter the non-parole period under the Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT).

Parties
Appellant: Jonathan Peter Bakewell; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
07 July 2009
Procedural Posture
Criminal Appeal / Appeal to High Court From Full Court of the Supreme Court of the Northern Territory
Outcome
appeal allowed
Legal Topics
Punishment, Interstate Transfer of Prisoners, Parole, Statutory Interpretation
Criminal Law Punishment Interstate Transfer of Prisoners Parole Statutory Interpretation

Case Brief

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Parties

Jonathan Peter Bakewell

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court From Full Court of the Supreme Court of the Northern Territory

Legal Issues

  1. 1 Whether the Supreme Court of the Northern Territory could revoke and replace the non-parole period for a transferred prisoner under the Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT) after transfer to another state
  2. 2 Proper construction of 'prisoner' and the application of Northern Territory law to transferred prisoners
  3. 3 Whether proceedings under s 19 constitute a 'review' within meaning of transfer Acts

Ratio Decidendi

After transfer to South Australia, the appellant was no longer a 'prisoner' for the purposes of the relevant Northern Territory legislation; thus the Supreme Court of the Northern Territory had no authority to revoke or alter the non-parole period under the Sentencing (Crime of Murder) and Parole Reform Act 2003 (NT).

Court Disposition

appeal allowed

Orders

  • Set aside the orders of the Full Court of the Supreme Court of the Northern Territory made on 11 December 2008.
  • In lieu thereof, order that the questions referred to that Court be answered as follows: Question 1: Unnecessary to answer. Question 2: Unnecessary to answer. Question 3: Unnecessary to answer. Question 4: No. Question 5: Unnecessary to answer.