JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: MIKHAIL -v- COMMISSIONER OF CORRECTIVE SERVICES [2014] WASC 399
CORAM: BEECH J
HEARD: 23 OCTOBER 2014
DELIVERED : 10 NOVEMBER 2014
FILE NO/S: CIV 2208 of 2014
BETWEEN: ADAM MIKHAIL
Plaintiff
AND
COMMISSIONER OF CORRECTIVE SERVICES
Defendant
Catchwords:
Administrative law - Mandamus - Need for public duty - Prisoner seeking provision of computer - No public duty - Whether any jurisdictional error by decisionmaker - Turns on own facts
Legislation:
Nil
Result:
Application dismissed
Category: B
Representation:
Counsel:
Plaintiff: In person
Defendant: Ms C J Thatcher
Solicitors:
Plaintiff: In person
Defendant: State Solicitor for Western Australia
Case(s) referred to in judgment(s):
Barreto v McMullan [2014] WASCA 152
Commissioner of State Revenue (Vic) v Royal Insurance Australia Ltd (1994) 182 CLR 51
James v Robinson (1963) 109 CLR 593
Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531
Mikhail v The State of Western Australia [2012] WASCA 200
Re Cock; Ex parte Diano [2014] WASC 63
Re Corruption and Crime Commission; Ex parte Calabro [2012] WASC 355
Re State Administrative Tribunal; Ex parte McCourt [2007] WASCA 125; (2007) 34 WAR 342
BEECH J:
Introduction
The applicant is a sentenced prisoner. He seeks a writ of mandamus against the Commissioner of Corrective Services (the Commissioner), commanding the Commissioner to issue him with a computer.
For the reasons that follow, I would dismiss the application.
The facts
The applicant is a serving prisoner at Albany Regional Prison. He was convicted after trial of wilful murder. On 22 June 2011 he was sentenced to life imprisonment with a non‑parole period of 37 years.
He appealed against sentence. The Court of Appeal dismissed his appeal on 12 October 2012.[1]
[1] Mikhail v The State of Western Australia [2012] WASCA 200.
On or about 29 May 2014 Mr Mikhail applied to prison officers to be provided a computer for his exclusive use in his cell. In his letter[2] Mr Mikhail:
(a)stated that he currently had one case before a court and two cases pending requiring a computer to complete, identifying a High Court appeal, a District Court civil action and a further District or Supreme Court civil action. The District Court civil action had an identified action number, and so it is apparent that that is the action that was said to be before a court at the time the letter was written;
(b)stated that in order to successfully complete and participate in his cases he required a departmental issued computer for his cell;
(c)stated that he understood that Policy Directive 42 of the Department of Corrective Services allows for a departmental computer to be issued in order for the prisoner to defend himself in such a situation;
(d)stated that he was 'an appeal class' because he was preparing his appeal against conviction and/or severity of sentence; and
(e)set out his working commitments at Albany Regional Prison and the other reasons why he said he needed…
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- Case
- [2014] WASC 399
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the Commissioner of Corrective Services owed Mikhail a public duty to provide him with a computer. Mikhail argued that the Commissioner should have granted him access to a computer for educational purposes, claiming it was a public duty to support prisoners' rehabilitation. The Court had to determine whether the Commissioner's decision not to provide a computer was a jurisdictional error or if it fell within the Commissioner's discretion.
The Court found that the Commissioner did not owe Mikhail a public duty to provide a computer. The Court reasoned that the Commissioner's decision not to provide a computer was within the scope of their discretionary powers and did not involve any jurisdictional error. The Court held that the Commissioner had the authority to decide on the provision of resources to prisoners and that the decision in this case did not go beyond that authority. Consequently, the Court dismissed Mikhail's application for mandamus.
The Court did not make any specific orders beyond dismissing Mikhail's application. The decision reinforced the principle that not all requests made by prisoners can be enforced through judicial review, particularly when the decision-making process is within the discretion of the relevant authority.
Orders
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Background
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Evidence
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Decision
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Legal Principle Established
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