Roach vs AEC (2007) Flashcards
How long was Roach sentenced to
6 years, 4 years non-parole
Why was Roach jailed?
Robbery and reckless driving causing serious bodily harm
What constitution sections were referenced in this case?
ss7 and 24- Parliament representatives are to be chosen directly by the people
Why did Roach take the Howard government to the HCA?
Because Howard’s law prohibited all imprisoned people from voting, and she believed that it was unfair
Why did the court rule in favour of Roach?
Because Howards law was unconstitutional since it prohibited people from directly voting for their parliament representatives.
What role of the HCA was this case focussed on?
ss 76- The HCA is a constitutional court and can apply and interpret the constitution (can also adapt laws)
What was the outcome of the case?
People serving under 3 years in prison can vote
Why did the court choose 3 years?
Because that is the length of Australia’s voting cycle
