King v Piper

[2006] HCATrans 193

[2006] HCATrans 193

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Perth  No P79 of 2004

B e t w e e n -

RODNEY NATHAN KING

Applicant

and

ALAN PIPER DIRECTOR GENERAL, DEPARTMENT OF JUSTICE WA

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 12 APRIL 2006, AT 9.47 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant applied to the Supreme Court of Western Australia (Barker J) for an order releasing him from custody on the ground that the amount of time already served entitled him to release under s 95(2) of the Sentencing Act 1995 (WA). After analysing the legislative provisions, Barker J referred the matter to the Full Court. The Full Court (Murray, Templeman and Miller JJ) dismissed the applicant’s application.

The provisions debated in the courts below were substantially amended after the applicant was sentenced.  The applicant has been released from custody.  In the circumstances there is no purpose to be served in examining a question which, from the applicant’s point of view, lacks any utility.  The application for special leave is refused.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.  I publish the disposition signed by Heydon J and myself.

AT 9.48 AM THE MATTER WAS CONCLUDED