Kramer v State Parole Authority [2023] NSWSC 564

Supreme Court New South Wales

Medium Neutral Citation: Kramer v State Parole Authority [2023] NSWSC 564 Hearing dates: 11 May 2023 Decision date: 31 May 2023 Jurisdiction: Common Law Before: Ierace J Decision: The application filed on 14 April 2022 for directions pursuant to s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) is dismissed. Catchwords: ADMINISTRATIVE LAW – Parole – Refusal of parole on six occasions – Application for direction to Authority pursuant to s 155 of Crimes (Administration of Sentences) Act 1999 (NSW) – Whether decisions to refuse parole based on false, misleading or irrelevant information Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 135, 137B, 155, Sentencing Act 1989 (NSW), ss 23, 41 Cases Cited: Attorney General for New South Wales v New South Wales State Parole Authority & Anor [2006] NSWSC 865 R v Kramer (Supreme Court (NSW), Dowd J, 29 November 1995, unrep) Sutton v NSW State Parole Authority [2011] NSWSC 935 Category: Principal judgment Parties: Karl Jon Kramer (Applicant) NSW State Parole Authority (First Respondent) Attorney General of NSW (Second Respondent) Representation: Counsel: In person (Applicant) Submitting appearance (First Respondent) S Williams (Sol) (Second Respondent)

Solicitors: Crown Solicitor's Office (Second Respondent) File Number(s): 2022/69354

JUDGMENT 1. HIS HONOUR: The applicant seeks a direction to the Parole Authority of New South Wales (the first respondent; the SPA), pursuant to s 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) (the CAS Act), that the information on which it based its decision of 26 March 2021 to refuse parole to the applicant was, in the terms of s 155(1) of the CAS Act, "false, misleading or irrelevant". The Attorney General of NSW was granted leave to intervene and has been joined as the second respondent by order of the Registrar on 1 June 2022. The first respondent has filed a submitting appearance, save as to costs. 2. The applicant is not legally represented in this proceeding.