16 Sept 2010
YOUNG V CHIEF EXECUTIVE, DEPARTMENT OF CORRECTIONS HC AK CIV-2010-404-006115
- Citation
- openlaw-b2fc2a56_5bca_4fda_92a8_e26649695be6.pdf
- Court
- High Court
The applicant was lawfully detained by a District Court order pending a disputed facts hearing and therefore the habeas corpus application must be dismissed; the unresolved statutory interpretation of s91(5) of the Parole Act 2002 (whether custody under a sentence later quashed can be pre-sentence detention) should be determined by converting these proceedings into review proceedings with appointment of an amicus and a directed timetable.