NSW Caselaw
New South Wales Supreme Court
CITATION : S v New South Wales Parole Authority [2007] NSWSC 1287 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 8 October 2007
JUDGMENT DATE : 16 November 2007
JUDGMENT OF : Barr J at 1
DECISION : Application dismissed.
LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999
McPherson v Offenders Review Board (1991) 23 NSWLR 61 R v Naudi [2003] NSWCCA 16 CASES CITED : McCallum v Parole Board [2003] NSWCCA 294 LMS v Parole Board (1999) 110 A Crim R 172 DCU v State Parole Authority of New South Wales [2006] NSWSC 526 Lee v State Parole Authority of New South Wales [2006] NSWSC 1225
PARTIES : S New South Wales Parole Authority
FILE NUMBER(S) : SC P00004/07
COUNSEL : A: In person R: M W Anderson
SOLICITORS : A: In person R: Crown Solicitor's Office
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GRAHAM BARR J
16 NOVEMBER 2007
P00004/07 S v NEW SOUTH WALES PAROLE AUTHORITY
JUDGMENT 1 HIS HONOUR: The applicant, whom I shall call S, has applied under s155 Crimes (Administration of Sentences) Act 1999 for a direction to the New South Wales Parole Authority that information on which it relied in deciding that he should not be released on parole was false, misleading or irrelevant. 2 On 16 February 2001, following a trial by jury, the applicant was sentenced to a number of periods of imprisonment for sexual offences committed on his daughter. The overall effect of the sentences was a non-parole period of six years and a parole period of three years and six months. The earliest date on which he was eligible to be considered for release on parole was 22 January 2007. 3 The victim of the applicant's offences was his eldest daughter. The offences began when she was six years old and went on for fourteen years. The applicant was convicted of two acts of indecency and of four of carnal knowledge. The sentencing judge, McGuire DCJ, said this -
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