8 Apr 2009
THE DEPARTMENT OF CORRECTIONS V ARTHUR WILLIAM TAYLOR AND ANOR CA CA318/2008
- Citation
- openlaw-3bac6449_c2c8_4379_b227_98674a227f92.pdf
- Court
- Court of Appeal
The Court held that s 134(2)(a) does not require a separate preliminary hearing before a hearing adjudicator may refer a matter to a Visiting Justice and that the adjudicator may legitimately take into account the prisoner's prior disciplinary history as relevant to whether a higher penalty may be warranted; accordingly the High Court's order setting aside the referral was overturned and the original decisions reinstated.