Case Study: Vickie Lee Roach
1. The individual or group that had their rights infringed—who were they?
The individuals/groups that had their rights infringed were Vicki Lee Roach as she was serving a sentence above three years preventing her from voting, others that also had their rights infringed were all prisoners serving a sentence more than three years.
2 Which right(s) was infringed? How was the right(s) infringed?
Vickie Lee Roach was a prisoner whose ability to vote had been taken away by Commonwealth legislation. She argued that the legislation breached her constitutional rights and argued her case in the High Court. Roach’s disqualification from voting violated both the Australian Constitution’s requirement that parliament be “directly chosen by the people”
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What/who encouraged them? Roach was not encouraged or forced by anybody but herself to take this case to court, we know this information by her Solicitor Phillip Lynch of the Human Rights Law Research centre. He stated this information in the age, he also claimed that “she chose us rather than we choosing her.” She also had prisoners on her side agreeing to her statement and supporting her.
4 What were the facts of the case?
Roach was an Indigenous Australian, convicted on five charges under the Crimes Act 1958 (Vic). Roach was sentenced in 2004 to a total of six years imprisonment. At the time, the Act provided that the following people were disenfranchised (ineligible to vote) in Commonwealth elections:
● those incapable of understanding the nature and significance of enrolling and voting
● those serving a sentence of three or more years for an offence
● those convicted of treason or
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6 What laws existed at the time of this case? How did they impact on the individual/group? That is, what specific laws affected the group/individual and compelled them to start legal action? S7 and S24 existed at the time and helped her case effectively, Roach new her right to vote and had completed her master’s degree in professional writing, she was fully aware of what offences she committed but she also had a little knowledge about the law and how she was allowed to fight against the rule “prisoners who are serving 3 years in jail are not allowed to vote” she then started legal action as she found out she was not allowed to vote and introduced herself to Phillip Lynch.
7 Which groups/individuals had opposing views on the issues in this case? What were these
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