In Minogue v Victoria (2018) 92 ALJR 668, [79]; [2018] HCA 27, the High Court upheld legislation that made it virtually impossible for a specific prisoner to obtain parole. The Charter of Human Rights and Responsibilities 2006 (Vic) was expressly excluded from this legislation but Gageler J drew attention to the requirements of the Victorian Charter. His Honour suggested that legislation which removes the possibility of parole from specific prisoners and condemns them to a "life without hope" is contrary to the Victorian Charter. This article questions that suggestion. It argues that European and British law, which greatly inform the Victorian Charter, have accepted that a life sentence without the possibility of parole may be compatible with human rights law. The article argues that the same can be true in Victorian law in limited circumstances.
History
Journal
Criminal law journal
Volume
42
Pagination
353-371
Location
Rozelle, N.S.W.
ISSN
0314-1160
Language
eng
Publication classification
C1.1 Refereed article in a scholarly journal, C Journal article
Copyright notice
2018, Thomson Reuters (Professional) Australia Limited