Townsend v Parole Board [2001] NSWCCA 379

New South Wales Court of Criminal Appeal

CITATION : Townsend v Parole Board [2001] NSWCCA 379 FILE NUMBER(S) : CCA 60355/01 HEARING DATE(S) : 4/9/2001 JUDGMENT DATE : 4 September 2001

PARTIES : Luke William Townsend Parole Board of New South Wales JUDGMENT OF : Hodgson JA at 1; Dowd J at 2; Carruthers AJ at 22

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/1302 LOWER COURT JUDICIAL Phelan DCJ OFFICER :

COUNSEL : Applicant in person Mr PM Strickland- Crown SOLICITORS : Mr IV Knight- Crown CATCHWORDS : Application for direction to the Parole Board - Robbery - Abuse of process - Conditions of parole order - False, misleading or irrelevant information LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Crimes (Sentencing Procedure) Act 1999 CASES CITED: LMS v Parole Board (1999) 110 A Crim R 172. McCamley v Offenders Review Board (Unreported, NSWCCA, 9 February 1994). DECISION : 1. Application dismissed pursuant to s176(3) of the Crimes (Administration of Sentences) Act 1999.

IN THE COURT OF CRIMINAL APPEAL 60355/01

HODGSON JA DOWD J CARRUTHERS AJ

4 September 2001

Luke William TOWNSEND v Parole Board of New South Wales

JUDGMENT

1 HODGSON JA: I will ask Dowd J to give the first judgment.

2 DOWD J: This is an application by Luke William Townsend for a direction to be given by this Court to the Parole Board under s176 of the Crimes (Administration of Sentences) Act 1999 ('the Act'), that the information provided to the Parole Board was misleading when the Board made a decision to revoke a parole order on the ground that the parole originally imposed was unconditional. 3 If this Court finds information to be false, misleading or irrelevant, the Court may then give such directions with respect to the information provided to the Board as it thinks fit. 4 Section 176 of the Act requires the Court in applications such as this, to consider: "If and only if the application is not an abuse of process and that there appears to be sufficient evidence to support the application".