Flynn v The King [1949] HCA 38

Flynn v The King [1949] HCA 38

The Prison Regulations did not confer a legal right to early release; any purported benefit under the marks system was subject to administrative discretion and ultimately the Royal Prerogative of mercy. No accrued right arose upon repeal, and the applicant's continued custody was lawful.

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Order on Application for Special Leave to Appeal
Outcome
Application refused
Legal Topics
['remission of Sentences' 'prison Regulations' 'interpretation of Statutory Powers']
['criminal Law' 'prison Law'] ['remission of Sentences' 'prison Regulations' 'interpretation of Statutory Powers']

Source-derived case record

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Procedural Posture

Application for Special Leave to Appeal / Order on Application for Special Leave to Appeal

  1. 1 ['Whether the applicant acquired a legal right to release under Prison Regulations 1923' 'Whether Prison Regulations 1923 legally reduced a life sentence to twenty years for the applicant' 'Whether the repeal of Prison Regulations preserved any accrued rights to release under section 17 of the Interpretation Act 1918-1938' 'Whether the marks system under prison regulations conferred a legal entitlement to release']

Ratio Decidendi

The Prison Regulations did not confer a legal right to early release; any purported benefit under the marks system was subject to administrative discretion and ultimately the Royal Prerogative of mercy. No accrued right arose upon repeal, and the applicant's continued custody was lawful.

Court Disposition

Application refused

Orders

  • ['Application for special leave to appeal refused']