Morrell v Director-General, Department of Community Safety

The case of Morrell v Director-General, Department of Community Safety involved the State of Queensland applying for a declaration that the plaintiff/respondent remained unlawfully at large until they were admitted to and detained in a Queensland prison or police gaol. Alternatively, they sought a declaration that the period of imprisonment recommenced when the respondent was arrested and detained in Queensland on 16 September 1995. The court was required to interpret section 95(2) of the Corrective Services Act 1988 (Qld) (CSA) and determine whether the respondent was unlawfully at large during their detention in New South Wales from 8 September 1994 to 3 August 1995.

The legal issue before the court was whether the period of imprisonment for the respondent recommenced on 16 September 1995, when they were arrested and detained in Queensland, or whether the respondent remained unlawfully at large during their detention in New South Wales. The court had to consider the meaning of "unlawfully at large" under section 95(2) of the CSA and whether the respondent's detention in New South Wales constituted lawful custody that would interrupt the unlawful at large status.

The court found that the respondent's period of imprisonment recommenced when they were arrested and detained in Queensland on 16 September 1995. The court reasoned that the respondent's detention in New South Wales, although in lawful custody, did not constitute lawful detention under Queensland law. Therefore, the respondent remained unlawfully at large until they were detained in Queensland on 16 September 1995. The court held that the respondent's period of imprisonment recommenced on that date, and the State of Queensland's application for a declaration was dismissed.