Horwitz v Connor [1908] HCA 33;

The power given to the Governor in Council by sec. 540 of the Crimes Act 1890 is a discretionary power to make regulations, and further, "to mitigate or remit the term of punishment accordingly," that is, in accordance with the regulations. The Governor in Council has power to remit the term of imprisonment of the applicant. He has not done so. The most that might be asked for here would be a mandamus to the Governor in Council to consider the matter. But a mandamus to the Governor in Council will not lie, and no Court has jurisdiction to review the discretion of the Governor in Council in the exercise of the prerogative of mercy. The application will be refused.

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Judgment (6 paragraphs)

Horwitz v Connor [1908] HCA 33; (1908) 6 CLR 38 (10 June 1908)

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Cases Cited (1)