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[1908] HCA 33
High Court of Australia
1908-06-10
Higgins JJ
Original judgment source is linked above.
Horwitz Appellant; and Connor, Inspector General of Penal Establishments of Victoria Respondent.
Griffith C.J., Barton, O'Connor, Isaacs and Higgins JJ.
The judgment of the Court was delivered by Griffith C.J.
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.
Solicitor for the applicant, W. Bruce for Wighton, Geelong.
Horwitz
Connor [1908] HCA 33;
(1908) 6 CLR 38