NSW Caselaw
New South Wales Supreme Court
CITATION : ESHO v. PAROLE BOARD AUTHORITY OF NSW [2006] NSWSC 304
HEARING DATE(S) : 15 March 2006
JUDGMENT DATE : 21 April 2006
JURISDICTION : Supreme Court, Common Law
JUDGMENT OF : Rothman J at 1
DECISION : 1. A declaration that an error of law has occurred in the decision, and the reasons therefor, made by the NSW Parole Authority on 20 September 2005 in relation to Edward Esho. 2. An order, in the nature of certiorari, pursuant to the terms of s.69 of the Supreme Court Act 1970, quashing the determination of the Parole Authority made 20 September 2005 in relation to Edward Esho, the claimant. 3. An order, in the nature of mandamus, pursuant to the terms of s.69 of the Supreme Court Act 1970 and pursuant to the terms of s.65 of the Supreme Court Act 1970, that the Parole Authority convene and fulfil its public duty by determining the application for parole in accordance with law.
CATCHWORDS : ADMINISTRATIVE LAW - Parole - Orders in the nature of prerogative relief granted - public interest - intersts of community - benefit from further programs - all available programs completed - public interest in respect of jury verdict - adapt to community life not same as most optimum basis - finding in absence of evidence - error of law
Crimes (Administration of Sentences) Amendment (Parole) Act 2004 No. 94 LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 Supreme Court Act 1970
A-G (Qld) v. Riordan (1997) 192 CLR 1 Banks v. Transport Regulations Board (1968) 119 CLR 222 Craig v. SA (1995) 184 CLR 163 LMS v. Parole Board (1999) 110 A. Crim. R. 172 MFA v. R. (2002) 213 CLR 606 CASES CITED : Parisienne Basket Shoes Pty. Limited v. Whyte (1938) 59 CLR 369 Public Service Association (SA) v. Federal Clerks Union (SA) (1991) 173 CLR 132 R. v. Electricity Commissioners [1924] 1 KB 171 R. v. Victorian Industrial Appeals Court; ex parte Victorian Chamber of Manufacturers [1975] VR 84 Sinclair v. Maryborough Mining Warden (1975) 132 CLR 473 Swain v. Waverley Municipal Council (2005) 220 CLR 517
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