R v Turnbull; Ex parte Taylor [1968] HCA 88

R v Turnbull; Ex parte Taylor [1968] HCA 88

In the absence of an Administrator empowered under the Removal of Prisoners (Territories) Act 1923-1962 (Cth), and without compliance with the statutory procedure for removal, the transfer and detention of the applicant from the Australian Capital Territory to New South Wales was not lawful. The Act is the exclusive means for such removal, and no inherent common law or statutory power of the Supreme Court or Sheriff permitted the applicant’s removal and detention outside the Territory. Therefore, the applicant was entitled to habeas corpus and discharge.

Jurisdiction
Australia
Procedural Posture
Application for Habeas Corpus / Judgment on Order Nisi (writ of Habeas Corpus)
Outcome
Majority: Order nisi for habeas corpus made absolute; applicant to be released from custody. Dissent: Writ should not issue.
Legal Topics
['habeas Corpus' 'detention of Prisoners' 'jurisdiction (territorial Limits)' 'statutory Powers of Removal' "sheriff's Powers" 'interpretation of Statutes']
['criminal Law' 'constitutional Law' 'administrative Law'] ['habeas Corpus' 'detention of Prisoners' 'jurisdiction (territorial Limits)' 'statutory Powers of Removal' "sheriff's Powers" 'interpretation of Statutes']

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Procedural Posture

Application for Habeas Corpus / Judgment on Order Nisi (writ of Habeas Corpus)

Legal Issues

  1. 1 ['Was the removal of the applicant from the Australian Capital Territory to New South Wales for imprisonment lawful absent strict compliance with the Removal of Prisoners (Territories) Act 1923-1962 (Cth)?' 'Does the Sheriff or the Supreme Court of the Australian Capital Territory have common law or statutory authority to remove a prisoner from the Territory for imprisonment in a State?' 'Is the Removal of Prisoners (Territories) Act 1923-1962 (Cth) the exclusive means by which prisoners may be removed from the Australian Capital Territory for detention elsewhere?']

Ratio Decidendi

In the absence of an Administrator empowered under the Removal of Prisoners (Territories) Act 1923-1962 (Cth), and without compliance with the statutory procedure for removal, the transfer and detention of the applicant from the Australian Capital Territory to New South Wales was not lawful. The Act is the exclusive means for such removal, and no inherent common law or statutory power of the Supreme Court or Sheriff permitted the applicant’s removal and detention outside the Territory. Therefore, the applicant was entitled to habeas corpus and discharge.

Court Disposition

Majority: Order nisi for habeas corpus made absolute; applicant to be released from custody. Dissent: Writ should not issue.

Orders

  • ['Order nisi made absolute against first-named respondent (Superintendent of Goulburn Penitentiary) for issue of writ of habeas corpus and immediate discharge of applicant Taylor.' 'Costs ordered against both respondents.']