McCallum v Parole Board of NSW [2003] NSWCCA 294

New South Wales Court of Criminal Appeal

CITATION : McCallum v Parole Board of NSW [2003] NSWCCA 294 HEARING DATE(S) : 17 September 2003 JUDGMENT DATE : 27 October 2003

JUDGMENT OF : Hidden J at 1; Greg James J at 2; Smart AJ at 3 DECISION : Application dismissed

CATCHWORDS : Information to be taken into account by Parole Board when considering release of prisoner on parole - limited role of CCA on application from Parole Board - CCA has no power to review merits of Board's decision. LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Sentencing Act 1989 McCallum v. The Commissioner of Corrective Services [2001] NSWSC 208 CASES CITED : McCallum v. The Commissioner of Corrective Services (2002) 129 A Crim R 590 Regina v. Naudi [2003] NSWCCA 160 Rozynski v. Parole Board of New South Wales [2003] NSWCCA 214, PARTIES : John Darrin McCallum v Parole Board of NSW FILE NUMBER(S) : CCA 60175/03 COUNSEL : (A) In Person (C) Mr R Bromwich SOLICITORS : (A) In Person (C) I V Knight

IN THE COURT OF CRIMINAL APPEAL 60175/2003

HIDDEN J GREG JAMES J SMART AJ

Monday, 27 October 2003 John Darrin McCALLUM v PAROLE BOARD

JUDGMENT

1. HIDDEN J:

2. GREG JAMES, J: I agree with Smart, AJ.

3. In Regina v. Naudi [2003] NSWCCA 160 and in Rozynski v. Parole Board of New South Wales [2003] NSWCCA 214, Simpson, J. and I both made comment on the lack of the utility of and the difficulties associated with, applications made under s.155, as have various judges of this court over the years.

4. The existence of the section suggests to prisoners the possibility of having their refusals of parole reviewed on the merits in this court. No such jurisdiction is conferred by that section.