Knight v Anderson

Knight brought an application against Anderson, the Commissioner of Corrections, seeking leave to commence a proceeding against the Commissioner for allegedly breaching a duty to formulate a sentencing plan and provide access to education and rehabilitation. Knight also sought an order in the nature of mandamus to compel the Commissioner to formulate such a plan and provide access to education and rehabilitation. Knight, a prisoner, sought to send a letter to the victim of his crime but was denied permission to do so. Knight claimed that the Commissioner's refusal breached a duty to formulate a sentencing plan and provide access to education and rehabilitation. The legal issues before the court were whether Knight had leave to commence the proceeding and whether the court should grant the mandamus order.

The court found that the proceeding would be foredoomed to fail and an abuse of process. The court held that the Commissioner had no duty of the kind alleged by Knight and that the issues would be considered in the annual sentence review which was shortly due. The court found that the statutory test for considering leave focused on whether the proceeding would be foredoomed to fail, rather than whether there were reasonable grounds. In contrast, the court granted Knight's application for a mandatory injunction to permit the sending of a letter to the victim. The court found that the proceeding was not foredoomed to fail or otherwise an abuse of process. The court held that the statutory test for considering leave under the Supreme Court Act 1986 focused on whether the proceeding would be foredoomed to fail, rather than whether there were reasonable grounds.

The court refused Knight leave to commence the proceeding against the Commissioner and dismissed the application for the mandamus order. However, the court granted Knight's application for a mandatory injunction to permit the sending of a letter to the victim, subject to certain conditions. The court ordered that the letter be sent within a specified timeframe, that the letter not contain any material that was objectionable or prohibited, and that the letter be sent using a specified method. The court also ordered that the Commissioner pay Knight's costs of the application for the mandatory injunction.