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Knight v Victoria
Court
High Court of Australia
Citation
[2017] HCA 29; 261 CLR 306
Court membership
Judges sitting
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Case opinions
Appeal dismissed
Knight v Victoria is a landmark decision of the High Court of Australia.
The case dealt with the constitutionality of some sections within the Corrections Amendment (Parole) Act 2014 (Vic), enacted to prevent convicted murderer Julian Knight from being eligible for parole. The legislation had retrospective effect, and named Julian in its text to legally deny him release from prison until close to death.
The High Court unanimously held that the original exercise of judicial power imposing Knight's minimum parole period, was the separate to the decision of whether parole should be granted. It decided that because of this, the legislation did not affect an exercise of judicial power, and so could not be found unconstitutional for having breached the separation of powers doctrine.[1]
^Clark, Martin (17 August 2017). "Knight v Victoria | Opinions on High". Retrieved 2023-03-17.
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