McKechnie v State of Victoria (Computer Judgment)

The case before the Court was brought by McKechnie, a prisoner, against the State of Victoria. McKechnie sought orders that he be provided with a computer, claiming that his rights under various pieces of legislation were being infringed by the prison's policy not to provide computers to prisoners. McKechnie argued that the policy prevented him from effectively representing himself in proceedings and participating in legal education. The matter was heard in the Court of Appeal of the Supreme Court of Victoria.

The primary legal issues were whether the Court should grant McKechnie’s application for a computer and if the prison policy infringed upon his rights to a fair trial and access to the courts. The Court considered whether the common law rights to access the Court were being limited and if the Charter of Human Rights and Responsibilities Act 2006 had been breached. The Court needed to determine whether the provision of a computer was necessary to ensure McKechnie's rights were not impaired.

The Court found that McKechnie had access to computers within the prison, and thus his ability to represent himself and participate in legal education was not hindered. The Court concluded that the prison policy did not limit McKechnie's common law rights to access the Court or his rights under the Charter of Human Rights and Responsibilities Act 2006. The Court further held that the provision of a computer was not necessary to ensure McKechnie's rights were not impaired, given his access to existing prison computers. Consequently, the Court dismissed McKechnie's application.