Regina v Naudi [2003] NSWCCA 160

New South Wales Court of Criminal Appeal

CITATION : Regina v Naudi [2003] NSWCCA 160 revised - 19/08/2003 HEARING DATE(S) : 18 June 2003 JUDGMENT DATE : 30 June 2003

JUDGMENT OF : Hodgson JA at 1; Simpson J at 2; Greg James J at 56 DECISION : Application dismissed.

CATCHWORDS : whether information given to the Parole Board was false, misleading or irrelevant LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999, s155 Sentencing Act 1989, s23 CASES CITED : McPherson v Offenders Review Board (1991) 23 NSWLR 61 LMS v Parole Board [1999] NSWCCA 371; unreported, 25 October 1999 PARTIES : Vincent Naudi - Applicant Parole Board of New South Wales - Respondent FILE NUMBER(S) : CCA 60065/03 COUNSEL : Applicant in person H Roberts - Respondent SOLICITORS : IV Knight - Respondent

IN THE COURT OF CRIMINAL APPEAL 60065/03

HODGSON JA SIMPSON J GREG JAMES J

Monday 30 June 2003 REGINA v Vincent NAUDI Judgment 1 HODGSON JA: I agree with Simpson J. 2 SIMPSON J: This is an application pursuant to s155 of the Crimes (Administration of Sentences) Act 1999. That section is in the following terms: "(1) If: (a) the Parole Board decides that an offender should not be released on parole, and (b) the offender alleges that the decision of the Parole Board has been made on the basis of false, misleading or irrelevant information, the offender may, in accordance with rules of court, apply to the Court of Criminal Appeal for a direction to be given to the Parole Board as to whether the information was false, misleading or irrelevant. (2) The Court of Criminal Appeal may give such directions with respect to the information as it thinks fit. (3) An application under this section is to be considered by the Court of Criminal Appeal if and only if it is satisfied that the application is not an abuse of process and that there appears to be sufficient evidence to support the application."