Merkoreh v State Parole Authority [2021] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: Merkoreh v State Parole Authority [2021] NSWSC 371 Hearing dates: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Common Law Before: Button J Decision: (1) The application pursuant to s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) is dismissed. (2) No order as to costs. Catchwords: CRIMINAL LAW — parole — statutory interpretation — application for direction to State Parole Authority that information relied upon is false, misleading or irrelevant — applicant a serious offender as defined — where applicant impugns decision of parole authority to refuse to bring forward consideration of parole on the asserted basis of manifest injustice — whether information from Serious Offenders Review Council (SORC) shown to be false, misleading or irrelevant — whether refusal to bring forward consideration of parole is refusal to grant parole — whether combined effect of Act and its Regulation permits early consideration of release to parole of serious offender on asserted basis of manifest injustice when SORC opposes release to parole Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 135, 137B, 143B, 155 Crimes (Administration of Sentences) Regulation 2014 (NSW) cl 223(1), (2) Cases Cited: Harrison v NSW State Parole Authority [2019] NSWSC 1783 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Naden v Parole Authority of New South Wales [2017] NSWSC 479 Sutton v NSW State Parole Authority [2011] NSWSC 935 Category: Principal judgment Parties: Michael Merkoreh (Plaintiff) (self-represented)