NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Whalan v Parole Board of NSW [2005] NSWCCA 445
HEARING DATE(S): 15 December 2005
JUDGMENT DATE: 15 December 2005
JUDGMENT OF: Grove J at 30, 32; James J at 31; Simpson J at 1, 37
DECISION: Application dismissed
CATCHWORDS: criminal law - refusal of parole - application to Supreme Court for direction to Parole Board - whether refusal based on false, misleading or irrelevant information - unrepresented litigant - need for legislative reform - factually incorrect finding by Parole Board - whether Board misunderstood or disregarded information before it - no power to give direction to the Board - misunderstands information
LEGISLATION CITED: Crimes (Administration of Sentences) Act 1999, s155
LMS v Parole Board [1999] NSWCCA 371 CASES CITED: McPherson v Offenders Review Board (1991) 23 NSWLR 61 R v Naudi [2003] NSWCCA 160
Shane Michael Whalan - Applicant PARTIES: Parole Board of NSW - Respondent
FILE NUMBER(S): CCA 2005/1373
Applicant self represented SOLICITORS: B Baker - Respondent
LOWER COURT JURISDICTION: Parole Board of NSW
IN THE COURT OF CRIMINAL APPEAL 2005/1373
GROVE J JAMES J SIMPSON J
Thursday 15 December 2005 Shane Michael Whalan v Parole Board of NSW Judgment 1 SIMPSON J: This is an application under s155 of the Crimes (Administration of Sentences) Act 1999. That section is in the following terms: " 155 Application to Supreme Court by Offender
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