Eastman v. Chief Executive of the Department of Justice and Community Safety
Eastman v. Chief Executive of the Department of Justice and Community Safety [2011] ACTSC 33 (4 March 2011)
- Australia
- Mar 4, 2011
- Supreme Court of the Australian Capital Territory
The plaintiff was serving a life sentence at the Alexander Maconochie Centre (AMC), managed by the defendant. He alleged that his treatment at the AMC contravened the Corrections Management Act 2007 and the Human Rights Act 2004. He complained about several matters, including that he had been exposed to second-hand smoke through the conduct of AMC officers who had facilitated and permitted prisoners smoking in areas where it was not permitted due to the prison's Smoking Policy. He alleged that he suffered asthma and sought damages.
Mansfield J rejected the plaintiff's claim relating to passive smoking, largely because there was insufficient evidence to suggest that the Smoking Policy was not enforced.