11 Dec 1998
The magistrate applied the correct sentencing tariffs and principles, there was no admissible fresh evidence or documentary proof to justify a departure for humanitarian reasons, and therefore the sentences were not manifestly excessive; the appeal is dismissed.
24 May 1995
The court reduced the sentence on the second count to a term permitting the appellant's release immediately, concluding that given the circumstances the original sentence was excessive; the resulting effective sentence on the second count is equivalent to nine months and the appellant remains in immigration custody pending deportation.
29 Nov 1993
Judge proceeded on assumption for present exercise that s13E(1) and s32(4)(a) authorisations were valid, balanced public interest in ensuring continuity of a major criminal trial against respondents' liberty interests, found in‑camera evidence showed most respondents' testimony was sufficiently important, and concluded that except for three specified respondents further s32(4)(b) detention orders should be granted for a limited period (14 days from 3 December 1993) pending future applications where jurisdictional and factual challenges must be addressed by the Director.
27 Oct 1993
The Court held that on the facts the public interest in ensuring availability of relevant prosecution witnesses for a major criminal trial outweighed the respondents' interest in immediate repatriation; there was a reasonable prospect the respondents would give evidence within the next 12 weeks, and therefore detention orders under s32(4)(b) for a period not exceeding 21 days from 8 October 1993 were lawful and should be granted for the 20 applicants.
13 Sept 1993
Section 37 CPO is not restricted to persons not in custody and can be used to issue warrants to secure attendance of witnesses who, although currently detained for deportation, are unlikely to comply and are likely to give material evidence; accordingly warrants of arrest were properly issued and the question of bail or custody is to be determined on a date to be fixed.