Vella, D.S. v. Commissioner of Police [1985] FCA 248

Par

CATCHWORDS

Federal offender serving sentence in N.S.W. prison - unconditional release - power of Australian Federal Police to - re-arrest relying on revocation of parole order - earlier return to custody without implementation of statutory procedures - whether offender has served sentence - "reduction or remission of sentences or minimum terms of imprisonment" - applicability of

N.S.W. "street time" provisions to federal offenders.

Judiciary Act 1903 3.39B Commonwealth Prisoners Act 1967 ss.3,5,6,7,9,10,12,13,14,17,19.

Prisons Act, 1952 (N.S.W.) s.41.

Probation and Parole Act, 1983 (N.S.W.) ss.4,25,41, Prisons Regulations, 1968 (N.S.W.) Part XV. Probation and Parole Regulation, 1984 (N.S.W.)

DENNIS SAMUEL VELLA _v. COMMISSIONER OF POLICE

No. NSW G44 of 1985

McGregor J. _ 14 June 1985

Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G44 of 1985 ) GENERAL DIVISTON ) BETWEEN

DENNIS SAMUEL VELLA

Applicant COMMISSIONER OF POLICE

Respondent

MINUTE OF OPDER

JUDGE MAKING ORDER: McGregor J.

DATE ORDER MADE: : 14 June 1985 WHERE MADE : Sydney

THE COURT ORDERS THAT:

The application is dismissed.

Note Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA }

,] NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G44 of 1985 GENERAL DIVISION ) BETWEEN - DENNIS SAMUEL VELLA

Applicant

COMMISSIONER OF POLICE

Pespondent

McGregor J. Date: 14 June 1985

REASONS FOR JUDGMENT

By application dated 28 February 1985 DENNIS SAMUEL

VELLA {applicant) sought the following declarations and order -