AA v Commissioner of Corrective Services [2020] NSWSC 1669

Supreme Court New South Wales

Medium Neutral Citation: AA v Commissioner of Corrective Services [2020] NSWSC 1669 Hearing dates: 6 November 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Common Law Before: Walton J Decision: The Court notes the agreed statement of facts and that the matter has settled. The Court makes the following orders: 1. That the second defendant's decision, made 25 June 2020, be set aside. 2. That the plaintiff's application for release on parole under s 160 of the Crimes (Administration of Sentences) Act 1999 be remitted to the State Parole Authority for decision according to law. 3. That the plaintiff discontinues the remainder of the amended summons. 4. The plaintiff and the first defendant are released from their implied undertakings not to use the documents produced to the Court by compulsory process or otherwise prepared for the purpose of these proceedings for a collateral purpose to the limited extent of allowing the plaintiff and first defendant to rely on the documents in the proceedings before the State Parole Authority directly arising as a result of Orders 1 and 2. For the avoidance of doubt, the release of the first defendant includes a situation where the first defendant proposes to give instructions on behalf of the State of New South Wales in such proceedings. 5. That there be no order as to costs. Catchwords: CRIMINAL LAW – parole – decision of State Parole Authority to refuse parole – whether plaintiff denied procedural fairness – the plaintiff's application for release on parole under s 160 of the Crimes (Administration of Sentences) Act 1999 remitted to the State Parole Authority for decision according to law Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57 Esho v Parole Board Authority of NSW [2006] NSWSC 304 Category: Principal judgment Parties: AA (Plaintiff) Commissioner of Corrective Services (First Defendant) State Parole Authority (Second Defendant) Attorney General of NSW (Third Defendant) Representation: Counsel: S A Beckett with K C Heath (Plaintiff) J S Emmett S C with R A McEwen (First and Third Defendants)