Hore v The Queen

HIGH COURT OF AUSTRALIAKEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJMatter No A5/2022DARRYL MARTIN HORE  APPELLANTANDTHE QUEEN  RESPONDENTMatter No A6/2022JACOB ARTHUR WICHEN  APPELLANTANDTHE QUEEN  RESPONDENTHore v The QueenWichen v The Queen[2022] HCA 22Date of Hearing: 11 May 2022Date of Judgment: 15 June 2022A5/2022 & A6/2022ORDERIn each matter:1. Appeal allowed.2. Set aside the order of the Court of Appeal of the Supreme Court of South Australia made on 7 May 2021 and, in its place, order that:(a)the appeal to that Court be allowed;(b)the decision of the primary judge be set aside; and(c)the appellant's application for release on licence be remitted to the primary judge to be determined according to law.On appeal from the Supreme Court of South AustraliaRepresentationS A McDonald SC with G P G Mead SC for the appellant in each matter (instructed by Legal Services Commission (SA))M J Wait SC, Solicitor-General for the State of South Australia, with L M Boord SC for the respondent in each matter (instructed by Office of the Director of Public Prosecutions (SA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHore v The QueenWichen v The QueenCriminal law – Sentencing – Indefinite detention – Release on licence – Where s 57 of Sentencing Act 2017 (SA) ("Act") conferred upon Supreme Court of South Australia discretion to order that persons convicted of certain sexual offences be detained in custody until further order – Where s 59(1a)(a) of Act provided that person detained in...