NSW Caselaw
New South Wales Supreme Court
CITATION : Attorney General for New South Wales v New South Wales State Parole Authority & Anor [2006] NSWSC 865
HEARING DATE(S) : 14 & 17 August 2006
JUDGMENT DATE : 25 August 2006
JURISDICTION : Administrative Law List
JUDGMENT OF : McClellan CJatCL
DECISION : 1. Summons dismissed; 2. Plaintiff to pay second defendant's costs.
CATCHWORDS : ADMINISTRATIVE LAW - JUDICIAL REVIEW - error of law on the face of the record - jurisdictional error - mandamus - certiorari - statutory relief - decision of the Parole Authority - determination to release on parole - serious offender - exercise of power under the Crimes (Administration of Sentences) Act 1999 - legislation amended in 2004 - interpretation of transitional provisions - whether the legislation applied as amended - meaning of "pending" - meaning of "commenced consideration" - process for considering release on parole by the Parole Authority - steps taken and reports received in administrative process - reasons stated for determination - whether Authority considered all relevant matters - safety of the community - need to maintain public confidence in the administration of justice - meaning of "public confidence" - nature and circumstances of the offence - likely effect on victim's family of the offender being released on parole - whether Authority considered relevant recommendations, observations and comments made by the sentencing court - meaning of "sentencing court" where a life sentence was redetermined - timing of reconsideration of decision not to grant parole - whether timing complied with statutory scheme - power to reconsider parole if circumstances of manifest injustice - whether Authority considered false or misleading information
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Amendment (Parole) Act 2004 Crimes (Administration of Sentences) Regulation 2001
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