HALL v RELEASE ON LICENCE BOARD [1989] NSWCA 95

HALL v RELEASE ON LICENCE BOARD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY JJA, and CLARKE JA 22 May 1989, 27 June 1989 [1989] NSWCA 95

RELEASE ON LICENCE BOARD — summons seeking declaration that recommendation by Release on Licence Board for revocation of licence under s463 Crimes Act was void — claim that require- ments of procedural fairness not complied with — Johns v Release on Licence Board (1987) 9 NSWLR 103, relied on — claim fails on facts. MATTERS OF PRACTICE concerning Release on Licence Board and licences to be at large — observations made.

Mahoney JA I agree with the judgment of Priestley JA.

Priestley JA On 17 January 1989 the Release on Licence Board ("the Board") recommended the revocation of a licence to be at large granted in May 1984 to the claimant, who was serving a life sentence for murder. The claimant's primary claim in the proceedings now before the Court is that the Board's recommend ation is void, as having been arrived at in ways denying proce dural fairness to the claimant.

It was in August 1974 that the claimant was convicted of murder and sentenced to penal servitude for life. When he was released in May 1984, the licence document he was given was expressed to be for a period of five years from the date of release.

Two of the conditions of the licence were that the licensee must report each fortnight of as otherwise required to the Probation and Parole Officers of the Department of Corrective Services and that he should reside only at places approved by those officers. By 1988 the licensee was required to report monthly and was residing at an approved address.

In October 1987 the claimant was charged at Wyong Local Court with a number of offences. These included charges of using a firearm in a public place and two charges of assault. He pleaded not guilty and was released to bail. The Board was notified-of the charges soon after they were made. No action was taken in regard to possible revocation of the licence. The claimant continued to report as required, until and including 19 April 1988, when he was required to report next on 17 May 1988.