8 Nov 2011
MISIUK V CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS & ORS HC AK CIV-2011-404-006821
- Citation
- openlaw-37883e5b_27eb_48e8_9cfc_c4b96de8863f.pdf
- Court
- High Court
Applicant is lawfully detained under a current warrant of committal dated 18 April 2011 for a four year sentence; the habeas corpus procedure is unsuitable to relitigate convictions and convictions must be challenged by appeal or judicial review; interlocutory relief, oral evidence and a jury trial were not justified under the Act or practice, therefore the habeas corpus application is dismissed and interim relief denied.
- Habeas corpus
- Interim release (s11)
- Lawfulness of detention
- Costs
- Jurisdictional limits of habeas corpus
- Oral evidence in habeas proceedings