Judicial review of the Governor in Council’s decision that the applicant not be released from indefinite detention on the ground that the decision involved an error of law. The matter concerned the conviction of the applicant for fourteen counts of serious sexual offences committed against children and resulted in the imposed sentence of indefinite detention pursuant to s 18(3) of the Criminal Law Amendment Act 1945 (Qld).
The purpose of the review was to ascertain whether the Governor in Council failed to make the decision according to law ‘by not addressing or answering the relevant statutory test of whether the applicant was presently incapable of exercising proper control over his sexual instincts’; and if the decision is affected by error of law, determine whether the decision ought to be set aside and the matter be referred back to the Governor in Council for reconsideration.
Scott McLeod QC (with G del Villar) appeared on behalf of the respondent, instructed by Crown Law for the respondent.
The judgment is available here.