Wiskar v Queensland Corrective Services Commission

This case involved an application for statutory review of the Queensland Corrective Services Commission's decision to refuse the applicant, Christopher Lorrance Wiskar, remissions on his sentence of imprisonment. Wiskar was sentenced to 12 years for two counts of rape and 3 years for four counts of indecent dealing, to be served concurrently, after pleading guilty. The applicant became eligible for parole in 1996 and for discharge, if granted full remissions, in 1998. The primary legal issue was whether the respondent had failed to adequately consider Wiskar's particular circumstances when making the decision to refuse him any remissions.

The court held that the decision maker had not sufficiently considered the applicant's individual circumstances. The decision was based on general principles and guidelines rather than on a detailed assessment of the risks associated with the applicant. The court noted that the absence of an up-to-date psychological report assessing the risks posed by Wiskar meant that the decision was not based on proper considerations. Consequently, the decision was set aside, and the matter was remitted to the respondent for further consideration. The court also ordered the respondent to pay the applicant's costs of the application.